Idaho Admin. Code r. 35.01.02.030 - ADMISSIONS DEFINED
Section 63-3612, Idaho Code
01.
Admissions. Charges for
admission to a place or event in Idaho include the right to remain in a place
or use a seat or table or other similar accommodation and are taxable. The
charge to gain access to a place or event is taxable whether that charge is
designated as a cover charge, minimum charge or any such similar charge.
(3-31-22)
a. When charges for admission allow
access to a place or event for a limited period, any additional charge to
extend that time is admission and is taxable. (3-31-22)
b. When a person or organization acquires the
sole right to use any place or the right to dispose of or control the
admissions to any place with the intent to charge people to attend the event,
the amount paid for such right is not subject to sales tax. Such a transaction
constitutes a rental for resale. However, when the person or organization sells
admission, the tax will apply to the amounts paid for such admission. If the
person or organization does not charge people to attend the event, their rental
of the recreational facility may be taxable. See Rule
129 of these rules.
(3-31-22)
02.
Rental of Tangible Personal Property. When a charge is made only
for the rental of tangible personal property such as skates, golf clubs, etc.,
the rental will be taxable. If a lesser charge is made to a person not desiring
to use the property or services offered, this lesser amount will be deemed to
represent the amount charged for admission. (3-31-22)
Notes
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