"Such a right is conferred only by the hotel, and only when the guest checks in and is given the key," Wolfe wrote.
The ruling comes during a national debate between states and online retailers over whether the online retailers should pay local and state taxes like brick and mortar stores.
Wyoming high court sides with state on lodging tax
CHEYENNE The Wyoming Supreme Court ruled the state can collect the full tax amount on retail lodging sales made by online travel companies, even if they have no physical presence in the state.
The court also rejected the companies' argument that applying sales tax to the full amount violates the Internet Tax Freedom Act.
Larry Wolfe Jr., one of the attorneys for the online companies, declined to comment Friday, referring questions to his co counselors with a Chicago law firm. Those attorneys could not be reached immediately for comment.
In its ruling, the state Supreme Court said the travel companies have been successful in challenging tax structures in some states and unsuccessful in others. The key determiner often was the precise language of the states' taxing ordinance or statute, the justices said.
Chris Brown, executive director of the Wyoming Lodging and Restaurant Association, said the decision should have no impact on the state's tourism industry because it shouldn't change the price for a hotel room.
The ruling also says the court has held previously that "when interpreting tax statutes, there is a presumption against granting exceptions and in favor of taxation."
The state Department of Revenue and the State Board of Equalization held that the tax should be imposed on the higher amount.
YOU SHOUTED YOUR COMMENT IN ALL CAPS. This is hard to read and annoys readers.
"The Wyoming sales tax statute applied to 'the sales price paid' for lodging services," the ruling read. "The contracts between the [travel companies] and hotels also support the argument that the [companies] are vendors under Wyoming tax law."
"It's a trend we see across the country, and it really turns on how the law is structured," Henchman Nike Cortez Mens Review said. "Wyoming is one of four states only that taxes Nike Cortez Black White Suede
Taxing the higher amount means more sales tax for the state where tourism is the second leading industry at about $3 billion a year.
do not actually grant reservations or sell rooms.
For example, a company could reserve a block of rooms for $80 apiece but list them at $100 each. According to the companies, the state should collect sales taxes on the rooms based on the $80 instead of the $100.
a lot of services under their sales tax. In most states they don't."
You have issues with a business. Have a bad meal? Feel you were overcharged at the store? New car is a lemon? Contact the business directly with your customer service concerns.
like behavior intended to hijack the discussion at hand.
First , It's erroneous to think it's widespread that the online travel bucket shops are buying up blocks of Wyoming rooms wholesale and reselling them at a profit. I have never heard that ANY mom and pop motelier or hotelier in Cody is on that program. Maybe the major national franchisers do it, but it never comes up in the discussins around town that I am aware of. ( But that's a good business model. Passionate views, pointed criticism and critical thinking are welcome. Name calling, crude language and personal abuse are not welcome. Moderators will monitor comments with an eye toward maintaining a high level of civility in this forum. Our comment policy explains the rules of the road for registered commenters.
The Wyoming case presented a different facet of the debate in that the issue wasn't whether the online companies needed to pay the sales tax on the hotel rooms they rented in Wyoming, but how much tax they needed to pay.
If your comment was not approved, perhaps.
In court filings, Wolfe had argued that the companies should not be seen as "vendors" because they Nike Cortez Classic Mens
Gov. Matt Mead welcomed the decision, saying in a statement that "no company in the industry should have an unfair advantage."
None of the online travel companies have offices or personnel in Wyoming.
You called someone an idiot, a racist, a dope, a moron, etc. Please, no name calling or profanity (or veiled profanity $%^ rambled, failed to stay on topic or exhibited troll Nike Cortez Vintage Nylon
The state lodging tax is imposed equally on any consumer transaction involving a room "regardless of whether it is booked by the Internet, telephone, fax machine, travel agent, or by simply showing up at the hotel's front desk," the ruling says.
The Wyoming Supreme Court agreed on Thursday.
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