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. (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. (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. 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. 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. 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 […]
Section 45-51-243.06 Taxes constitute debt; employment of special counsel. The rental tax shall constitute a debt due the county and may be collected in a civil suit, in addition to all other methods provided by law and in this part. The tax, together with any interest and penalties with respect thereto, shall constitute and be […]
Section 45-51-243.07 Payment of taxes; reports. (a) The rental tax, except where otherwise provided in this part, shall be due and payable in monthly installments on or before the twentieth day of the month next succeeding the month in which the tax accrues. (b) Except where otherwise provided in this part, on or before the […]
Section 45-51-243.08 Credit collections. Any person who is charged with collecting the rental tax and who makes cash or credit leases or rentals, may report such cash leases or rentals when made, and shall thereafter include in each monthly report all credit collections made during the month preceding, and shall remit the tax due thereon […]
Section 45-51-243.09 Recordkeeping. It shall be the duty of every person required to collect the rental tax to keep and preserve suitable records of the rental revenues of the business and the rental tax collected, and such other books or accounts as may be necessary to determine the amount of rental tax that he or […]
Section 45-51-243.10 Return required after sale or quitting of business; successor obligations. Any person subject to this part who shall sell out his or her business or stock of rental goods, or shall quit business, shall be required to make out the return provided for by this part within 30 days after the date he […]
Section 45-51-243.11 Effective date of levy; terms of resolution. If the governing body of the county elects to levy and impose the rental tax, it shall specify in the resolution levying and imposing the rental tax the first day of the second calendar month next following the month during which the tax levy is made […]
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. (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 45-51-243.14 Personal gain from expenditures by public officials, etc., prohibited. No public official or family member of a public official shall obtain personal gain from the expenditure of the proceeds of the rental tax levied by this part. (Act 2019-91, § 16; Act 2019-218, § 16.)
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.)
