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Section 45-51-243.12 – Construction and Application.

Section 45-51-243.12 Construction and application. The tax authorized to be levied by this part shall be conclusively presumed to be a direct tax on the lessee or renter, precollected for the purposes of convenience and facility only, and shall not be construed as a gross receipts or gross proceeds tax on the lessor or vendor […]

Section 45-51-243.13 – Use of Proceeds.

Section 45-51-243.13 Use of proceeds. (a) The county commission may anticipate the proceeds from the tax so required to be paid to it by issuing funding or refunding bonds, warrants, or other evidences of indebtedness of the county, and may enter into funding agreements or other obligations, to governmental entities or public corporations payable from […]

Section 45-51-243.15 – Rulemaking Authority.

Section 45-51-243.15 Rulemaking authority. The county commission may prescribe all necessary or appropriate rules and regulations for the implementation of this part, including all rules and regulations as may be necessary by reason of any alteration of law in relation to this part. (Act 2019-91, § 18; Act 2019-218, § 18.)

Section 45-51-243 – Legislative Findings.

Section 45-51-243 Legislative findings. (a) It is the intention of the Legislature by the passage of this part to authorize Montgomery County to levy and provide for the collection of, in addition to all other taxes authorized by law, a rental tax not to exceed the rate set forth herein. (b) The Legislature hereby finds […]

Section 45-51-243.01 – Definitions.

Section 45-51-243.01 Definitions. (a) As used in this part, the following words, terms, and phrases where used shall have the following respective meanings except where the context clearly indicates a different meaning: (1) BUSINESS. All activities engaged in, or caused to be engaged in, by any person with the object of gain, profit, benefit, or […]

Section 45-51-243.02 – Levy of Tax; Rates; Applicability; Disposition of Funds.

Section 45-51-243.02 Levy of tax; rates; applicability; disposition of funds. (a) The county commission is authorized, by resolution duly adopted, to levy, in addition to all other taxes now imposed or authorized by law, and to collect as herein provided, a privilege, license, or excise tax, herein called a rental tax, on the leasing or […]

Section 45-51-243.03 – Exemptions.

Section 45-51-243.03 Exemptions. The rental tax authorized by this part does not apply to the following transactions: (1) The leasing or rental of a film or films by a lessee who charges, or proposes to charge, admission for viewing the film or films. (2) The use of docks or docking facilities furnished for boats or […]

Section 45-51-243.04 – Addition of Tax to Rental Price; Collection.

Section 45-51-243.04 Addition of tax to rental price; collection. Each person engaging or continuing in the business of leasing or renting tangible personal property subject to the rental tax shall add to the rental price and collect from the renter or lessee the amount of tax owed by such renter or lessee. It shall be […]

Section 45-51-243.05 – Administration, Enforcement, and Collection of Tax.

Section 45-51-243.05 Administration, enforcement, and collection of tax. The county commission shall administer, enforce, and collect the tax herein authorized to be levied and collected, or shall cause the tax to be administered, enforced, and collected by the State Department of Revenue or a private collection agency at the same time and in the same […]