CS/HB 61--Temporary accommodations.
The bill clarifies the laws governing state and local taxes due
from timeshare transactions and from transient stays at timeshare
resorts. It provides that the tourist development tax, the tourist
impact tax, the transient rentals tax, and the convention development
tax are applicable to transient stays at timeshare resorts. The bill
also specifies the types of transactions that are not subject to the
tourist development tax, the tourist impact tax, the transient rentals
tax, and the convention development tax. Those exempted transactions
include timeshare exchanges, fees charged by a third party to facilitate
a timeshare exchange and inspection packages. The bill additionally
includes mobile home parks, recreational vehicle parks, and condominiums
as the types of facilities that may be subject to a transient rental
tax. The bill further permits timeshare companies to offer debt
cancellation products with regard to the sale of timeshare interests. It
requires that every public offering of a timeshare plan that is not a
multisite timeshare plan must provide a statement that a timeshare
owner's obligation to pay assessments continues for the duration of
ownership and a person inheriting an interest is responsible for its
payment. The bill also requires a timeshare interest resale service
provider to provide a description of any fees and costs that must be
paid, their due date and the ratio of timeshare interests listed versus
sold by the provider for a two-year period. Finally, the bill provides
that it is intended to be clarifying and remedial in nature, and does
not provide a basis for assessments of tax, or refunds of tax, for
periods prior to July 1, 2009. These provisions were approved by the
Governor and take effect July 1, 2009. Ch. 09-133, L.O.F.
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