The bill amends the Code of West Virginia regarding hotel occupancy tax, specifically focusing on the responsibilities of marketplace facilitators in collecting and remitting taxes. It establishes that marketplace facilitators must maintain detailed records of hotel transactions, including the name and address of the lodging, dates of stay, and the amount of tax collected. Additionally, the bill mandates the use of geofencing or similar technology to ensure accurate tax collection and requires the use of a nine-digit postal code to ensure that taxes are remitted to the correct political subdivision.

Furthermore, the bill clarifies that all taxes collected are to be held in trust by the marketplace facilitator until they are remitted to the appropriate taxing authority, which includes the county treasurer for county lodging taxes and the municipal treasurer for municipal lodging taxes. It also prohibits hotels, hotel operators, or marketplace facilitators from claiming that they will absorb any part of the tax or that it is not included in the price charged to consumers. This legislation aims to enhance transparency and accountability in the collection of hotel occupancy taxes in West Virginia.

Statutes affected:
Introduced Version: 7-18-4
Committee Substitute: 7-18-4
Engrossed Committee Substitute: 7-18-4
Enrolled Committee Substitute: 7-18-4