Section R15-5-1001. Application of the Definition of Transient for Purposes of Taxation under the Transient Lodging Classifica- tion

A.      Effective January 1, 1979, the leasing or renting of dwelling units and lodging facilities to a person shall not be taxable under the  transient lodging  classification if  the  lodging is obtained for a continuous block of time for 30 or more consec- utive days except as provided under A.R.S. § 42-1310.10(B). For purposes of this rule, “person” has the same meaning as under A.R.S. § 42-1301.

B.       Gross receipts from providing lodging obtained for a continu- ous block of time for 30 or more consecutive days shall not be taxable under the transient lodging classification from the first day of occupancy.

1.        Lodging obtained for 30 or more consecutive days in increments of time for a period of less than 30 consecu- tive days rather than for a continuous block of time shall be taxable under the transient lodging classification except as provided under A.R.S. § 42-1310.10(B).

2.        A lodger may originally acquire lodging on an incremen- tal basis for a period of less than 30 consecutive days and subsequently change to a continuous block of time for 30 or more consecutive days; however, the lodging origi- nally obtained on an incremental basis of less than 30 consecutive days shall remain subject to tax regardless of any subsequent action on the part of the lodger.

C.      If lodging is obtained on a continuous basis for 30 or more consecutive days but the person obtaining the lodging leaves before the 30-day period ends and only pays for a period of 29 days or less, the exclusion shall not apply. The gross receipts from providing lodging for 29 days or less shall be subject to tax under the transient lodging classification.

D.      The following situations are indicative of the application of the provisions in this rule:

1.        A person rents a motel room on a weekly basis for 10 consecutive weeks. The total rental period is greater than 30 consecutive days; however, the method of renting by the week meets the definition of “transient.” Gross receipts from renting lodging space on such a basis are subject to tax under the transient lodging classification.

2.        A motion picture company contracts with a hotel to rent a block of 15 rooms for a three-month period during which filming will occur in the area. During that three-month period, a variety of crew members and actors will occupy the rooms. Any one room may have a different occupant during the three-month time period as filming progresses and different actors or crew members are involved in the production of the film. The rental by the motion picture company for the three-month period is not subject to tax under the transient lodging classification since the motion picture company contracted with the hotel to rent for a

three-month period and, therefore, does not meet the defi- nition of a transient.

3.        An individual reserves a room in a rooming house for two weeks. The individual decides to stay another two weeks. The total number of days’ stay is now at 28 days. Once again, the individual extends the stay by two weeks. Each time period is less than 30 days. Even though the total period of time is over 29 days, after the third extension of two weeks, the individual continues to be a transient for purposes of taxation under the transient lodging classifi- cation. If the individual had rented the room for 30 days or more after the first two weeks, gross receipts from the additional time would not be subject to tax. However, the first two-week block of time would remain taxable since that time period falls under the definition of transient.

4.        An individual is not sure how long he will be staying at a hotel so, upon registration, gets the room for 35 days. After 21 days the individual decides to leave and pays only for the 21-day stay. Gross receipts are subject to tax under the transient lodging classification. If the individ- ual had a contractual agreement in which, regardless of length of occupancy, he was required to pay for the entire 35 days, the gross receipts from such a transaction would not be taxable.

Historical Note

Repealed effective August 13, 1987 (Supp. 87-3). New Section R15-5-1001 renumbered from R15-5-1614 (Supp. 94-2). Amended effective April 21, 1995 (Supp.

95-2).