NY S05523

Defines "marketplace provider of occupancy" as a person who facilitates occupancy through an agreement with a marketplace seller and voluntarily assumes sales tax collection and remittance responsibilities.

Defines "marketplace seller of occupancy" as any person who has agreements with a marketplace provider to facilitate occupancies and permit the provider to voluntarily collect and remit sales tax.

Excludes separately stated fees paid by occupants to marketplace providers for services such as providing the forum, arranging information exchange, or facilitating payments from the definition of "rent" subject to sales tax.

Requires marketplace providers of occupancy to register to collect sales tax, comply with all tax provisions and regulations, and keep records for proper tax collection and remittance.

Shields marketplace sellers of occupancy from tax collection liability if they obtain a properly completed certificate from a registered marketplace provider who assumes collection responsibilities, unless the seller provided incorrect information.