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HomeMy WebLinkAboutIndependant Accountants Report Transient Occupancy Tax (TOT) YE 2016MEETING DATE PREPARED BY: REQUEST: Recommendation STAFF REPORT CITY OF PALM DESERT FINANCE DEPARTMENT June 13, 2019 Jose Luis Espinoza, CPA, Assistant Finance Director Receive and file the Independent Accountants' Report on Applying Agreed - upon Procedures relative to Transient Occupancy Tax for the Calendar Year ended 2016 By Minute Motion, that the City Council receive and file the Independent Accountants' Report on Applying Agreed -upon Procedures relative to Transient Occupancy Tax for the Calendar Year ended 2016. Strateqic Plan Obiective Not applicable. Committee Recommendation The Audit, Investment and Finance Committee received the reports relative to the audit of Transient Occupancy Tax operators at their May 28, 2019 meeting, and recommended that the reports be received and filed by the City Council. Background Annually, it has been the City's practice to conduct transient occupancy tax (TOT) collection procedure reviews on several hotel operators within the City. The City's contracted audit firm, Lance, Soll & Lunghard, LLP, conducted these reviews outside their base contract as Agreed - Upon Procedures Reviews. In this review, the auditors reviewed procedures outlined by staff which included a review of the processes an operator uses in complying with the City's TOT Ordinance. Attached is the summary, identified as Exhibit A, for the reviews conducted as well as the reports of the auditor's findings. The reports are differentiated by operator number versus hotel name as the operator's specific tax data is confidential. Therefore, electronic copies have been provided to the City Attorney's office. Operators received a copy of their respective draft reports and were asked to respond with any concerns. The reviewer has responded to all inquiries and the reports have been finalized. G:\Finance\Niamh Ortega\Staff Reports\Audit staff reports\Audit Staff Reports 2018\SR - Council audit CY 2016 TOT.docx Staff Report Receive and File — Report on TOT for Calendar Year ended 2016 Page 2 of 2 Fiscal Analvsis The aggregate amount of underpaid TOT totals $4.59 not including any penalties and interest that may be due. One operator overpaid by $13.36. Finance is in the process of resolving these balances. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER Robert W. Hargreaves ° et M. Moore \,!lane! M. Moore Lauri Aylaian City Attorney Director of Finance Director of Finance Citv Manager ATTACHMENTS: 1 2 JLE:nmo Exhibit A - Summary of TOT Audit Findings Redacted reports for Operators 1 — 5 G:\Finance\Niamh Ortega\Staff Reports\Audit staff reports\Audit Staff Reports 2018\SR - Council audit CY 2016 TOT.docx EXHIBIT A CITY OF PALM DESERT Finance Department Audit of Transient Occupancy Tax Returns for Selected Operators submitted for the period of January 1, 2016 through December 31, 2016 The outcome of the auditors' application of agreed -upon procedures is as follows: • Operator 1: This company owes the City of Palm Desert $1.13 for underpayment of Transient Occupancy Tax. • Operator 2: The City of Palm Desert owes this company $13.36 for overpayment of Transient Occupancy Tax. • Operator 3: This company owes the City of Palm Desert $3.46 for underpayment of Transient Occupancy Tax. • Operator 4: There were no findings for this audit. • Operator 5: There were no findings for this audit. LS*00L• INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES To the Honorable Mayor and Members of the City Council City of Palm Desert, California We have performed the procedures enumerated below, which were agreed to by the management of the City of Palm Desert, California (the City) solely to assist the City in verifying the accuracy of the transient occupancy tax returns submitted by Operator #1 (the Hotel) to the City for the period January 1, 2016 through December 31, 2016. This engagement to apply agreed -upon procedures was performed in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the management of the City of Palm Desert. Consequently, we make no representations regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. We performed the following procedures on the books and records of the Hotel, as agreed upon by the management of the City. The procedures performed, and the results obtained from the performance thereof were as follows: 1. Procedure: Verify the mathematical accuracy and timeliness of transient occupancy reports filed with the City. Result: For the month ending October 2016, the Hotel rounded the TOT taxes due reported on the tax return and as a result underpaid taxes by $0.70. This resulted in additional penalties and interest of $0.35 and $0.08, respectively. 2. Procedure: Trace the gross revenues reported on the transient occupancy tax returns prepared by the Hotel to gross revenues recorded in the Hotel's accounting records and verify that these were in accordance with the City's ordinance. Result: No findings were noted as a result of our test work. 3. Procedure: Select a sample of rental transactions during the review period and for each transaction selected, verify tax computations and trace the amounts of rental revenues and transient occupancy tax collected to the books and records of the Hotel. (Excluding the months of July, August and September). Result: No findings were noted as a result of our test work. 4. Procedure: Review the internal control procedures of the Hotel to determine the following: a. How "gross rents" and "uncollected rents" were accounted for and reported to the City. b. What procedures were in place to identify transient and non -transient guests. c. How exemptions, including complimentary rooms, were documented and reported to the City. Result: No findings were noted as a result of our test work. 5. Procedure: Review the supporting documentation, on a sample basis, for exemptions claimed on the transient occupancy tax returns. ! PrimeGlobal 9u d •va. zanmv or LS12":00 To the Honorable Mayor and Members of the City Council City of Palm Desert, California Result: No findings were noted as a result of our test work. 6. Procedure: We will perform additional procedures that we consider necessary to verify the reasonableness of reported revenues of the Hotel Operator. Result: No findings were noted as a result of our test work. 7. Procedure: We inquired how the Hotel handles reservations and payments done online through a third party such as Expedia and how the transient occupancy tax was collected and reported to the City for these transactions. Result: The Hotel uploads third party reservations to the property management system, Fosse. (Front Office Select Service Extended Stay). The Fosse program will post room revenue and TOT nightly and it will be combined with guest stays that were booked directly through the Hotel to generate taxing information and return information. Payments for guests booked via a third party are received directly from the vendor but does not affect the filing and payment of TOT Tax returns. Exhibit A provides additional information relating to the calculation of transient occupancy tax and the resulting over/under payment of any taxes based on the procedures performed above. As a result of our procedures, the Hotel underpaid the City by $1.13 during the year. We were not engaged to, and did not perform, an audit of the transient occupancy tax returns of the Hotel, the objective of which would be the expression of a certified opinion on the transient occupancy tax payments made by the Hotel to the City. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to the City. This report is intended solely for the use of the City of Palm Desert and is not intended to be, and should not be, used by anyone other than this specified party. 4 .,4 SV-4;, �oO4 February 4, 2019 00 3 0 N C� w 3 3 o d m m m m O_ OO_ 7 O 8 m fa b9 fA O NWw O COft - 7 BOA U N (D i A O N O O O O O O O O d+ FA m CD n rQ 3 d W .W.a N (D O O O 3 C' O O i O U! En fA m W 0 3 o o (D y a fA [n O N W W ODrn0) x O) (T O) A CD D) A -4 A .O. 6 aDw(�i+o m 0 0 6 0 O O o O EA EA D CT N N mO A V (D -1 (n vN)cn(D -4 V OD tO + 0)W (n -4.°�.. -Ow N V (T O EA cfl CT N N 0 D) 0) A V (D -4 G CD O) v OD O W (D W (T Co N -1 (n O 60 Ew O w C 1 Q O d O O (D V v CD O C. cW 69 v Mao i (D M. CD (n og � o O W W cn cn � 69 EA i 1 O N O O 0 O O OD , , OD n O 3 m O D = O m z v O m m M c v o a m z c 00 D m < O m i � O O -< Can)O m 3 Z ci0m O 2 m z m (40 m f° 3 z W .� n i c N D O Z o) n D x fA fA Ci m c vd3 = y c fD D w w m LS090L• INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES To the Honorable Mayor and Members of the City Council City of Palm Desert, California We have performed the procedures enumerated below, which were agreed to by the management of the City of Palm Desert, California (the City) solely to assist the City in verifying the accuracy of the transient occupancy tax returns submitted by the Operator #2 (the Hotel) to the City for the period January 1, 2016 through December 31, 2016. This engagement to apply agreed -upon procedures was performed in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the management of the City of Palm Desert. Consequently, we make no representations regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. We performed the following procedures on the books and records of the Hotel, as agreed upon by the management of the City. The procedures performed, and the results obtained from the performance thereof were as follows: 1. Procedure: Verify the mathematical accuracy and timeliness of transient occupancy reports filed with the City. Result: No findings were noted as a result of our test work. 2. Procedure: Trace the gross revenues reported on the transient occupancy tax returns prepared by the Hotel to gross revenues recorded in the Hotel's accounting records and verify that these were in accordance with the City's ordinance. Result: No findings were noted as a result of our test work. 3. Procedure: Select a sample of rental transactions during the review period and for each transaction selected, verify tax computations and trace the amounts of rental revenues and transient occupancy tax collected to the books and records of the Hotel. (Excluding the months of July, August and September). Result: The Hotel was unable to provide folios selected for two guests in the month of March 2016. 4. Procedure: Review the internal control procedures of the Hotel to determine the following: a. How "gross rents" and "uncollected rents" were accounted for and reported to the City. b. What procedures were in place to identify transient and non -transient guests. c. How exemptions, including complimentary rooms, were documented and reported to the City. Result: It was noted that the Hotel will remit all transient tax monies collected to the City and often these taxes collected vary from the amount calculated on the tax return. The Hotel identified these variances were the result of when front desk associates make manual adjustments. In total, the Hotel remitted approximately $749.75 in over -collected taxes to the City via the monthly tax returns. PrimeGlobal LS[2,o:::00 To the Honorable Mayor and Members of the City Council City of Palm Desert, California 5. Procedure: Review the supporting documentation, on a sample basis, for exemptions claimed on the transient occupancy tax returns. Result: During the month of September 2016, it was noted that exemptions amounts listed for two guests were over stated on the tax return by $2,616 and $2,550. As a result, the Hotel underpaid the City by $464.94 for taxes related to these two guests. In addition to the underpayment, a penalty of $232.47 and interest in the amount of $55.79 were calculated. These penalties were calculated based on twelve months of delayed payment. 6. Procedure: We will perform additional procedures that we consider necessary to verify the reasonableness of reported revenues of the Hotel Operator. Result: No findings were noted as a result of our test work. 7. Procedure: We inquired how the Hotel handles reservations and payments done online through a third party such as Expedia and how the transient occupancy tax was collected and reported to the City for these transactions. Result: Expedia's reservation system is linked to the PMS (Property Management System), so any guests who book with Expedia will have a reservation created in OnQ automatically. Revenue is accounted for during the stay, and payment is collected through Expedia's card, since the guest already paid Expedia. Exhibit A provides additional information relating to the calculation of transient occupancy tax and the resulting over/under payment of any taxes based on the procedures performed above. As a result of our procedures, the Hotel underpaid the City by $3.46 during the year. We were not engaged to, and did not perform, an audit of the transient occupancy tax returns of the Hotel, the objective of which would be the expression of a certified opinion on the transient occupancy tax payments made by the Hotel to the City. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to the City. 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This engagement to apply agreed -upon procedures was performed in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the management of the City of Palm Desert. Consequently, we make no representations regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. We performed the following procedures on the books and records of the Hotel, as agreed upon by the management of the City. The procedures performed, and the results obtained from the performance thereof were as follows: 1. Procedure: Verify the mathematical accuracy and timeliness of transient occupancy reports filed with the City. Result: Mathematical errors were noted in the months of August and September 2016. Both errors were regarding the exemption listings filed with the returns. In these months both supporting schedules did not agree to the amounts listed on the tax return total tax due and payable calculation. For August 2016, the return noted $26,261.20 in allowable deductions with the supporting schedule stating 26,317.67 in allowable deductions. LSL footed the exemption listing and noted a true total of $26,327.67, which is the amount utilized to calculate total taxes due in Exhibit A attached. For the Month of September 2016 the return noted $12,112.20 in allowable deductions with the supporting schedule stating $12,194.20 in allowable deductions. LSL footed the exemption listing and noted the total of $12,194.20 footed correctly and utilized this amount to calculate total taxes due in Exhibit A. In total, these mathematical errors resulted in the Hotel over paying taxes in the combined amount of $13.36 for the months of August and September 2016. 2. Procedure: Trace the gross revenues reported on the transient occupancy tax returns prepared by the Hotel to gross revenues recorded in the Hotel's accounting records and verify that these were in accordance with the City's ordinance. Result: No findings were noted as a result of our test work. 3. Procedure: Select a sample of rental transactions during the review period and for each transaction selected, verify tax computations and trace the amounts of rental revenues and transient occupancy tax collected to the books and records of the Hotel. (Excluding the months of July, August and September). Result: No findings were noted as a result of our test work. PrimeGlobal 000 LSU 000 00 To the Honorable Mayor and Members of the City Council City of Palm Desert, California 4. Procedure: Review the internal control procedures of the Hotel to determine the following: a. How "gross rents" and "uncollected rents" were accounted for and reported to the City. b. What procedures were in place to identify transient and non -transient guests. c. How exemptions, including complimentary rooms, were documented and reported to the City. Result: No findings were noted as a result of our test work. 5. Procedure: Review the supporting documentation, on a sample basis, for exemptions claimed on the transient occupancy tax returns. Result: No findings were noted as a result of our test work. 6. Procedure: We will perform additional procedures that we consider necessary to verify the reasonableness of reported revenues of the Hotel Operator. Result: No findings were noted as a result of our test work. 7. Procedure: We inquired how the Hotel handles reservations and payments done online through a third party such as Expedia and how the transient occupancy tax was collected and reported to the City for these transactions. Result: Third party providers have the direct ability to book reservations booked via their websites into the Hotel's PMS (Property Management System). The Hotel then uses the information just as they would their own to determine TOT taxes. Payments from online vendors are collected directly from the vendor. Exhibit A provides additional information relating to the calculation of transient occupancy tax and the resulting over/under payment of any taxes based on the procedures performed above. As a result of our procedures, the Hotel overpaid the City by $13.36 during the year. We were not engaged to, and did not perform, an audit of the transient occupancy tax returns of the Hotel, the objective of which would be the expression of a certified opinion on the transient occupancy tax payments made by the Hotel to the City. Accordingly, we do not express such an opinion. 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CD n O 3 0 O --1 = O m z v O m m z c o z v o a D 00 m < O ;u O j m -0 T O -< pm3 Z 0 (a 0 CO) C n m M S v z m CO) m m 3 Z c m n .Z1 n � C N D o z m 0 D x m x x LS121*�:: INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES To the Honorable Mayor and Members of the City Council City of Palm Desert, California We have performed the procedures enumerated below, which were agreed to by the management of the City of Palm Desert, California (the City) solely to assist the City in verifying the accuracy of the transient occupancy tax returns submitted by the Operator #4 (the Hotel) to the City for the period January 1, 2016 through December 31, 2016. This engagement to apply agreed -upon procedures was performed in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the management of the City of Palm Desert. Consequently, we make no representations regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. We performed the following procedures on the books and records of the Hotel, as agreed upon by the management of the City. The procedures performed, and the results obtained from the performance thereof were as follows: 1. Procedure: Verify the mathematical accuracy and timeliness of transient occupancy reports filed with the City. Result: No findings were noted as a result of our test work. 2. Procedure: Trace the gross revenues reported on the transient occupancy tax returns prepared by the Hotel to gross revenues recorded in the Hotel's accounting records and verify that these were in accordance with the City's ordinance. Result: It was noted that the Hotel's accounting records gross revenues did not agree to the gross rents stated on the monthly tax return for 9 out of the 12 months reviewed. In all cases, the gross rents reported on the monthly tax returns showed higher revenues compared to the Hotel's accounting records. Procedures noted the Hotel typically reports gross revenues based on a calculation of the Hotels' tax liability account balance at the end of each month or actual revenues and whichever is higher is reported. The Hotel operator was not able to provide documentation to determine how they calculated the TOT tax owed to the City for all months being reviewed. In our analysis, the difference between using gross receipts less exceptions or liability account was less than 1 % of the total TOT paid to the City. 3. Procedure: Select a sample of rental transactions during the review period and for each transaction selected, verify tax computations and trace the amounts of rental revenues and transient occupancy tax collected to the books and records of the Hotel. (Excluding the months of July, August and September). Result: The Hotel was unable to provide one guest folio due to a system purge of all data before January 31, 2016. r PrimeGlobal LS[2::: To the Honorable Mayor and Members of the City Council City of Palm Desert, California 4. Procedure: Review the internal control procedures of the Hotel to determine the following: a. How "gross rents" and "uncollected rents" were accounted for and reported to the City. b. What procedures were in place to identify transient and non -transient guests. c. How exemptions, including complimentary rooms, were documented and reported to the City. Result: No findings were noted as a result of our test work. 5. Procedure: Review the supporting documentation, on a sample basis, for exemptions claimed on the transient occupancy tax returns. Result: No findings were noted as a result of our test work. 6. Procedure: We will perform additional procedures that we consider necessary to verify the reasonableness of reported revenues of the Hotel Operator. Result: As noted in procedure 2, it was noted the Hotel typically reports gross revenues based on a calculation of the Hotels' tax liability account balance at the end of each month or actual revenues and whichever is higher is reported. An additional procedure was performed to compare the gross revenues and the tax liabilities in the Hotel's general ledger to see if this was consistently performed over the course of the year and to determine if there are still any variances. As a result it was noted this procedure was not consistent. 7. Procedure: We inquired how the Hotel handles reservations and payments done online through a third party such as Expedia and how the transient occupancy tax was collected and reported to the City for these transactions. Result: Reservations made through a third -party come through to the property as a wholesale rate and the TOT/TMD is charged and processed in the same manner as any other transient reservation The guests are assigned a "normal" account for incidental charges, but the "Rm&Tax" account for the nightly rate and TOT/TMD is not given to the guests and exists only for billing purposes. The "Rm&Tax" account is settled with a one-time use credit card (Priceline) or is checked out to a receivable account that is direct billed to the third party (Expedia). We were not engaged to, and did not perform, an audit of the transient occupancy tax returns of the Hotel, the objective of which would be the expression of a certified opinion on the transient occupancy tax payments made by the Hotel to the City. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to the City. This report is intended solely for the use of the City of Palm Desert and is not intended to be, and should not be, used by anyone other than this specified party. oem, -lee, qr-ea, ,r4a"400 February 4, 2019 L•� LS00 AND FCC VISORS INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES To the Honorable Mayor and Members of the City Council City of Palm Desert, California We have performed the procedures enumerated below, which were agreed to by the management of the City of Palm Desert, California (the City) solely to assist the City in verifying the accuracy of the transient occupancy tax returns submitted by the Operator #5 (the Hotel) to the City for the period January 1, 2016 through December 31, 2016. This engagement to apply agreed -upon procedures was performed in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the management of the City of Palm Desert. Consequently, we make no representations regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. We performed the following procedures on the books and records of the Hotel, as agreed upon by the management of the City. The procedures performed, and the results obtained from the performance thereof were as follows: 1. Procedure: Verify the mathematical accuracy and timeliness of transient occupancy reports filed with the City. Result: No findings were noted as a result of our test work. 2. Procedure: Trace the gross revenues reported on the transient occupancy tax returns prepared by the Hotel to gross revenues recorded in the Hotel's accounting records and verify that these were in accordance with the City's ordinance. Result: It was noted that the Hotel's accounting records gross revenues did not agree to the gross rents stated on the monthly tax return for 10 out of the 12 months reviewed. In all cases, the gross rents reported on the monthly tax returns showed higher revenues compared to the Hotel's accounting records. Procedures noted the Hotel typically reports gross revenues based on a calculation of the Hotels' tax liability account balance at the end of each month or actual revenues and whichever is higher is reported. The Hotel operator was not able to provide documentation to determine how they calculated the TOT tax owed to the City for all months being reviewed. In our analysis, the difference between using gross receipts less exceptions or liability account was less than 1 % of the total TOT paid to the City. 3. Procedure: Select a sample of rental transactions during the review period and for each transaction selected, verify tax computations and trace the amounts of rental revenues and transient occupancy tax collected to the books and records of the Hotel. (Excluding the months of July, August and September). Result: The Hotel was unable to provide one guest folio due to a system purge of all data before January 31, 2016. PrimeGlobal LS12::: To the Honorable Mayor and Members of the City Council City of Palm Desert, California 4. Procedure: Review the internal control procedures of the Hotel to determine the following: a. How "gross rents" and "uncollected rents" were accounted for and reported to the City. b. What procedures were in place to identify transient and non -transient guests. c. How exemptions, including complimentary rooms, were documented and reported to the City. Result: No findings were noted as a result of our test work. 5. Procedure: Review the supporting documentation, on a sample basis, for exemptions claimed on the transient occupancy tax returns. Result: No findings were noted as a result of our test work. Procedure: We will perform additional procedures that we consider necessary to verify the reasonableness of reported revenues of the Hotel Operator. Result: As noted in procedure 2, it was noted the Hotel typically reports gross revenues based on a calculation of the Hotels' tax liability account balance at the end of each month or actual revenues and whichever is higher is reported. An additional procedure was performed to compare the gross revenues and the tax liabilities in the Hotel's general ledger to see if this was consistently performed over the course of the year and to determine if there are still any variances. As a result it was noted this procedure was not consistent. 7. Procedure: We inquired how the Hotel handles reservations and payments done online through a third party such as Expedia and how the transient occupancy tax was collected and reported to the City for these transactions. Result: Reservations made through a third -party come through to the property as a wholesale rate and the TOT/TMD is charged and processed in the same manner as any other transient reservation The guests are assigned a "normal" account for incidental charges, but the "Rm&Tax" account for the nightly rate and TOT/TMD is not given to the guests and exists only for billing purposes. The "Rm&Tax" account is settled with a one-time use credit card (Priceline) or is checked out to a receivable account that is direct billed to the third party (Expedia). We were not engaged to, and did not perform, an audit of the transient occupancy tax returns of the Hotel, the objective of which would be the expression of a certified opinion on the transient occupancy tax payments made by the Hotel to the City. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to the City. This report is intended solely for the use of the City of Palm Desert and is not intended to be, and should not be, used by anyone other than this specified party. 04-4/w Sv-eV444 V?oo February 4, 2019