§ 44-18-7.3. Services defined.
(a) "Services� means all activities engaged in for other persons for a fee, retainer,
commission, or other monetary charge, which activities involve the performance of
a service in this state as distinguished from selling property.
(b) The following businesses and services performed in this state, along with the applicable
2017 North American Industrial Classification System (NAICS) codes, are included in
the definition of services:
(1) Taxicab and limousine services including but not limited to:
(i) Taxicab services including taxi dispatchers (485310); and
(ii) Limousine services (485320).
(2) Other road transportation service including but not limited to:
(i) Charter bus service (485510);
(ii) "Transportation network companies� (TNC) defined as an entity that uses a digital
network to connect transportation network company riders to transportation network
operators who provide prearranged rides. Any TNC operating in this state is a retailer
as provided in § 44-18-15 and is required to file a business application and registration form and obtain a
permit to make sales at retail with the tax administrator, to charge, collect, and
remit Rhode Island sales and use tax; and
(iii) All other transit and ground passenger transportation (485999).
(3) Pet care services (812910) except veterinary and testing laboratories services.
(4)(i) "Room reseller� or "reseller� means any person, except a tour operator as defined
in § 42-63.1-2, having any right, permission, license, or other authority from or through a hotel
as defined in § 42-63.1-2, to reserve, or arrange the transfer of occupancy of, accommodations the reservation
or transfer of which is subject to this chapter, such that the occupant pays all or
a portion of the rental and other fees to the room reseller or reseller. Room reseller
or reseller shall include, but not be limited to, sellers of travel packages as defined
in this section. Notwithstanding the provisions of any other law, where said reservation
or transfer of occupancy is done using a room reseller or reseller, the application
of the sales and use tax under §§ 44-18-18 and 44-18-20, and the hotel tax under § 44-18-36.1 shall be as follows: The room reseller or reseller is required to register with,
and shall collect and pay to, the tax administrator the sales and use and hotel taxes,
with said taxes being calculated upon the amount of rental and other fees paid by
the occupant to the room reseller or reseller, less the amount of any rental and other
fees paid by the room reseller or reseller to the hotel. The hotel shall collect and
pay to the tax administrator said taxes upon the amount of rental and other fees paid
to the hotel by the room reseller or reseller and/or the occupant. No assessment shall
be made by the tax administrator against a hotel because of an incorrect remittance
of the taxes under this chapter by a room reseller or reseller. No assessment shall
be made by the tax administrator against a room reseller or reseller because of an
incorrect remittance of the taxes under this chapter by a hotel. If the hotel has
paid the taxes imposed under this chapter, the occupant and/or room reseller or reseller,
as applicable, shall reimburse the hotel for said taxes. If the room reseller or reseller
has paid said taxes, the occupant shall reimburse the room reseller or reseller for
said taxes. Each hotel and room reseller or reseller shall add and collect, from the
occupant or the room reseller or the reseller, the full amount of the taxes imposed
on the rental and other fees. When added to the rental and other fees, the taxes shall
be a debt owed by the occupant to the hotel or room reseller or reseller, as applicable,
and shall be recoverable at law in the same manner as other debts. The amount of the
taxes collected by the hotel and/or room reseller or reseller from the occupant under
this chapter shall be stated and charged separately from the rental and other fees,
and shall be shown separately on all records thereof, whether made at the time the
transfer of occupancy occurs, or on any evidence of the transfer issued or used by
the hotel or the room reseller or the reseller. A room reseller or reseller shall
not be required to disclose to the occupant the amount of tax charged by the hotel;
provided, however, the room reseller or reseller shall represent to the occupant that
the separately stated taxes charged by the room reseller or reseller include taxes
charged by the hotel. No person shall operate a hotel in this state, or act as a room
reseller or reseller for any hotel in the state, unless the tax administrator has
issued a permit pursuant to § 44-19-1.
(ii) "Travel package� means a room, or rooms, bundled with one or more other, separate
components of travel such as air transportation, car rental, or similar items, which
travel package is charged to the customer or occupant for a single, retail price.
When the room occupancy is bundled for a single consideration, with other property,
services, amusement charges, or any other items, the separate sale of which would
not otherwise be subject to tax under this chapter, the entire single consideration
shall be treated as the rental or other fees for room occupancy subject to tax under
this chapter; provided, however, that where the amount of the rental, or other fees
for room occupancy is stated separately from the price of such other property, services,
amusement charges, or other items, on any sales slip, invoice, receipt, or other statement
given the occupant, and such rental and other fees are determined by the tax administrator
to be reasonable in relation to the value of such other property, services, amusement
charges, or other items, only such separately stated rental and other fees will be
subject to tax under this chapter. The value of the transfer of any room, or rooms,
bundled as part of a travel package may be determined by the tax administrator from
the room reseller's and/or reseller's and/or hotel's books and records that are kept
in the regular course of business.
(5) Investigation, Guard, and Armored Car Services (561611, 561612 & 561613).
(6) "Parking services� (812930) means the act of offering a parking space in or on a parking
facility for purposes of occupancy by a patron in exchange for a parking fee for a
duration of less than one month.
(c) All services as defined herein are required to file a business application and registration
form and obtain a permit to make sales at retail with the tax administrator, to charge,
collect, and remit Rhode Island sales and use tax.
(d) The tax administrator is authorized to promulgate rules and regulations in accordance
with the provisions of chapter 35 of title 42 to carry out the provisions, policies, and purposes of this chapter.