HomeMy WebLinkAboutLimited Procedures Review - TOT � ,
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CITY OF PALM DESERT
FINANCE DEPARTMENT
STAFF REPORT
REQUEST: RECEIVE AND FILE THE LIMITED PROCEDURES REVIEW OF
VARIOUS PALM DESERT OPERATORS FOR COMPLIANCE
WITH THE CITY OF PALM DESERT'S TRANSIENT OCCUPANCY
TAX ORDINANCE FOR THE 2007 CALENDAR YEAR, APPROVE
REIMBURSEMENT TO OPERATORS FOR OVERPAYMENT OF
TRANSIENT OCCUPANCY TAX TOTALING $581.43, AND
AUTHORIZE THE COLLECTION OF $66.63 FROM OPERATORS
FOR UNDERPAYMENT OF TRANSIENT OCCUPANCY TAX
SUBMITTED BY: PAUL S. GIBSON, FINANCE DIRECTOR
DATE: FEBRUARY 12, 2009
CONTENTS: LIMITED PROCEDURES REVIEW OF VARIOUS PALM DESERT
OPERATORS FOR COMPLIANCE WITH THE CITY OF PALM
DESERT'S TRANSIENT OCCUPANCY TAX ORDINANCE FOR
THE 2007 CALENDAR YEAR
Recommendation:
That the City Council:
1. Receive and file the Limited Procedures Review of various Palm
Desert operators for compliance with the City of Palm Desert's
Transient Occupancy Tax ordinance for the 2007 calendar year;
2. Approve reimbursement to operators for overpayment of Transient
Occupancy Tax totaling $581.43; and
3. Authorize collection from operators for underpayment of Transient
Occupancy Tax totaling $66.63.
Background:
The City of Palm Desert hired the CPA firm of Lance, Soll & Lunghard, LLP to conduct
audits on Transient Occupancy Tax. This year, six operators were audited; three
operators had an overpayment, and one had an underpayment during the 2007
calendar year. Attached are the six reports and a summary of the auditor's findings.
� � Staff Report
Limited Procedures Review & Transient Occupancy Tax Collection and Reimbursement
February 12, 2009
Page 2 of 2
Original copies have been provided to the City Attorney's office. On January 9, 2009
operators received a copy of their respective audits and were asked to respond with any
concerns within a thirty day period. In the interest of maintaining confidentiality among
those operators who may wish to respond, it is suggested that instead of speaking
during the public Council meeting, a separate meeting be established between the
operator and the Finance Director, City Manager, Mayor and Mayor Pro-Tempore, all of
whom serve on the Audit, Investment and Finance Committee.
The Audit, Investment and Finance Committee received the report at their January 27,
2009 meeting, and it was recommended that it be received and filed by the City Council.
Approval of staff's request will allow for reimbursement of tax overpaid to the City and
collection of underpaid tax from the appropriate operators.
Submitted by:
' C1TY COUNCILACTION
�� a AP93I20VF,I) 1)I;l�l�l)
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. ',/� R�;CI:NI:D �. �. (' t3"�€a��:�Z �_� `_
Paul S. Gibson, Finance Director
MF,ET[NG DATE � : �a_ � �!_�_.__�.----
Approval: A�'F,s: ��� s ������ . __ ___
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� � VERIF'IF.D I3Y:
n ohlmuth, Clty M er ��'jginal on File with City Gerk'a Uffice
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G:\Finance\Niamh Ortega\Staff ReportsWudit Staff Reports 2008\Council report audit 2008 TOT.docx
T.O.T AUDIT FINDINGS
Period January 1, 2007 — December 31, 2007
Operator#1 —The City of Palm Desert owes this company $71 18 for overpayment of
Transient Occupancy Tax.
Operator#2 —The City of Palm Desert owes this company $49.13 for overpayment of
Transient Occupancy Tax
Operator#3 —There were no findings.
Operator#4—This company owes the City of Palm Desert $66.63 for underpayment of
Transient Occupancy Tax.
Operator#5 —There were no findings.
Operator#6—The City of Palm Desert owes this company $461.12 for overpayment of
Transient Occupancy Tax.
CITY OF PALM DESERT
LIMITED PROCEDURES REVIEW OF
OPERATOR#1
FOR COMPLIANCE WITH
TRANSIENT OCCUPANCY TAX ORDINANCE
FOR THE PERIOD
JANUARY 1, 2007 THROUGH DECEMBER 31, 2007
ClTY OF PALM DESERT
JANUARY 1, 2007 THROUGH DECEMBER 31, 2007
TABLE OF CONTENTS
Page
Number
INQEPENDENT ACCOUNTANTS' REPORT C7N APPLYING
AGREED-UPON PROCEDURES ........................................................................................................... 1
SUMMARY OF PROCEDURES..............................................................................................................2
SUMMARYOF FINDINGS...................................................................................................................... 3
COMPUTATION OF UNDER/OVER PAYMENT OF TRANSIENT OCCUPANCY TAX.........................4
Brandon W'.Rurrows
Lance Donald I,.Parker
M1lichael K.Chu
���� � David E.Hale
L u n g h a rd �Pr<fexsinrtal CnrporuCinn
Uonald G.Sl�ter
LLP Richard K.Kikuchi
Certified Picblic Accountarzts Rer,rea
Robert C.Lance
141��1'N1J
Richard C.Snll
E7ed J•Lunghard,Jr.
�92%-IV99
INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING
AGREED-UPON PROCEDURES
To the Honorable Mayor and Members of the City Cauncil
City of Palm Desert, Califomia
We have performed the procedures enumerated herein, which were agreed to by the management of the
City of Palm Desert, California (the Gity) salely 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, 2007 through December 31, 2007. The engagement to apply agreed-upon procedures was
performed in accordance with attestation standards estabMished 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 herein either for the purpose for which this report has been requested or for any other purpose.
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 Ciry and should not be used by those who have not agreed to
the procedures and taken responsibility for the sufficiency of the procedures. However, if this report is made
a matter of public record, its distribution will not be limited.
�, .���� , �'�� ,
���
July 18, 2008
75 Y�ARS
1929 2004
D� E��,ccce 2(13 ti 13rea k31�d..5uitr?03 •8rca.('A 9?h21-41ISCi•(714i 1�7�-Ilf)22 •Frax �71-�i hi2-(l;.l •�y_«�ti.1s���S..�.�IL
OPERATOR#1 PALM DESERT
SUMMARY �F PROCEDURES
(Unaudited}
We performed the following procedures on the books and recards of Operator#1 (the Hotel}, as
agreed upon by the rnanagement of the City of Palm Desert:
1. We reviewed the City Municipal Code and related ordinances and resolutions related to transient
occupancy tax.
2. We verified the mathematical accuracy and timeliness of transient occupancy reports filed with the
City for the calendar years 2007.
3. We traced the gross revenues reported on the transient occupancy tax returns prepared by the Hotel
ta gross revenues recorded in the Hotel's accounting records and verified that these were in
accordance with the City's ordinance.
4. We selected a sampie of rental transactions during the review period and for each transaction
selected, we verified tax computations and traced the amounts of rental revenues and transient
occupancy tax collected to the books and records of the hotel.
5. We reviewed 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.
6. We reviewed the supporting documentation for exemptions claimed on the transient occupancy tax
returns.
7. We inquired how the Hotel handles reservations and payments made on line through a third party
such as Expedia.com and how the transient occupancy tax was collected and reported to the City on
these transactions.
8. We examined the Hotel's"Transient Occupancy Registration PermiY'and determined whether it was
posted in a conspicuous place.
9. We performed additional procedures that we cansidered necessary to venfy the reasonableness of
reported revenues of the Hotel operator.
See Independent Accountants' Report
On Applying Agreed-Upon Procedures
2
OPERATOR#1 , PALM DESER7
SUMMARY OF FINDINGS
(Unaudited)
1. Based on our procedures,amounts reported on the return af transient occupancy tax appear to agree
with the hotel accounting records. Our re-computations of the tax agree with the amounts paid to the
City except for the balances listed below and payments to the City appear to have been made timely.
Recomputed Taxes
Taxes Owed Paid to Under(Over)
Month to the City the City Payments
March 2007 $ 22,732.20 $ 22,744.61 $ 12.41
Apri12007 16,638.05 16,691.22 53.17
May 2007 5,968.77 5,974.37 5.60
$ 71.18
Per our inquiry with (Accounting Clerk), these over payments are the result of incorrect
computation of the transient occupancy tax. Certain guests were incorrectly assessed a 10%transient
occupancy tax instead of the 9°Jo appiicable to the City of Palm Desert. Since the hotel collected more
than it should have been, the excess was paid to the City.
2. Per our inquiry with ;Accounting Cierk), Operator#1 does not conduct business
with on {ine third parties. All rent payments are collected in full and in advance.
See fndependent Accountants' Report
On Applying Agreed-Upon Procedures
3
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CITY OF PALM DESERT
UMITED PROCEDURES REVIEW OF
OPERATOR#2
FOR COMPLfANCE WITH
TRANSIENT OCCUPANCY TAX ORDINANCE
FOR THE PERIOD
JANUARY 1, 2007 THROUGH DECEMBER 31, 2007
CITY OF PALM DESERT
JANURRY 1, 2007 THROUGH DECEMBER 31, 2007
TABLE OF CONTENTS
Page
Number
INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING
AGREED-UPON PROCEDURES ........................................................................................................... 1
SUMMARYOF PROCEDURES.............................................................................................................. 2
SUMMARYOF FINDINGS...................................................................................................................... 3
COMPUTATION OF UNDER/OVER PAYMENT OF TRANSIENT OCCUPANCY TAX.........................4
(3r�ndon�Y.Burroas
Lance Donald L.Parker
S��� � Michael K.Chu
�avid E.Halc
L u n g h a rd .,Prnjevainnal Curpnrulin��
Donald G.Slater
�,Lp Kichard K.Kikuchi
Certified Pa�blic Accauntants ��"'e�
Robert C.Lance
I914-1994
Kichurd C.SoU
Fred J.I.unghard„ir.
14Z%•144Y
INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING
AGREED-UPON PROCEDURES
To the Honorable Mayor and Members of the City Counci{
City of Pafm Desert, California
We have performed the procedures enumerated herein, which were agreed to by the management of the
City of Palm Desert, California (the City) soMely to assist the City in verifying the accuracy of the transient
occupancy tax returns submitted by Operator#2 (the Hotel) to the City for the period
January 1, 2007 through December 31, 2007. The engagement to apply agreed-upon procedures was
performed in accordance with attestation standards estabiished by the American Institute of Certified Pubiic
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 herein either for the purpose for which this report has been requested or for any other purpose.
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 Hotei to the City. Accordingty,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 and should not be used by those who have not agreed to
the procedures and taken responsibility for the sufficiency of the procedures. However, if this report is made
a matter of public record, its distribution wikl not be limited.
�, .,,���-� , �'a'�°
��
July 18, 2008
r"5 YEr1RS
��
1929 , ;, 2004
�� ��C� 203!�. F.3rea Blvc3..Suite 2Q3�£�rca,CA 92521-4(156•r714)t�'12-002�•f�.ix f714)h72-r1.331 •www.lsic��i�.cc�nt
OPERATOR#2 PALM DESERT
SUMMARY OF PROCEDURES
(Unaudited)
We performed the following procedures on the books and records of Operator#2
(the Hotel), as agreed upon by the management of the City of Palm Desert:
1. We reviewed the City Municipal Code and related ordinances and resolutions related ta transient
occupancy tax.
2. We verified the mathematicai accuracy and timeliness of transient occupancy reports filed with the
City for the calendar year 2007.
3. We traced 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 verified that these were in
accordance with the City's ordinance.
4. We selected a sample of rental transactions during the review period and for each transaction
selected, we verified tax computations and traced the amounts of rental revenues and transient
occupancy tax collected to the books and records of the hotel.
5. We reviewed the internai control procedures of the Hotei 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.
6. We reviewed the supporting documentation for exemptions claimed on the transient occupancy tax
returns.
7. We inquired how the Hotel handles reservations and payments made on line through a third party
such as Expedia.com and how the transient occupancy tax was collected and reported to the City on
these transactions.
8. We performed additional procedures that we considered necessary to verify the reasonableness of
reported revenues af the Hotel operator,
See Independent Accauntants' Report
On Applying Agreed-Upan Procedures
2
OPERATOR#2 , PALM DESERT
SUMMARY OF FINDINGS
(Unaudited)
1. Based on our procedures, amounts reported on line 1 of the return of transient occupancy tax for
gross rent for occupancy of all rooms appear to agree with the hotePs accounting records, except for
the follawing periods:
Gross Rent
per our Review
Gross Rent of the Hotel's Gross Rent
Reported by Accaunting (Under)/Over
the Hotel Records Reported
February 2007 � 6,957.88 � 6,302.96 $ 654.92
November 2007 2,467.00 2,576.00 (109.00)
Per our inquiry with the Vice President of Finance &Accounting
the variances were the result of clerical errors.
2. Based on the above findings and our re-computations of the tax, the hotel overpaid its transient
occupancy tax by$49.13. Payments to the City appear to have been made timely.
3. Based
on our inquiry with (Vice President of Finance&Accounting at'company receives rentai
revenues plus transient occupancy taxes from online third parties and remit them to the City with the
monthly tax returns.
See Independent Accauntants'Report
On Applying Agreed-Upon Procedures
3
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CITY OF PALM DESERT
LIMITED PROCEDURES REVIEW OF
OPERATOR#3
FOR COMP�IANCE WITH
TRANSIENT OCCUPANCY TAX ORDINANCE
FOR THE PERIOD
JANUARY 1, 2007 THROUGH DECEMBER 31, 2007
CITY OF PALM DESERT
JANUARY 1, 2007 THROUGH DECEMBER 31, 2007
TABLE OF CONTENTS
Page
Number
INDEPENDENT ACCOUNTANTS' REPORT ON APPl.Y1NG
AGREED-UPON PROCEDURES............................................................................................................1
SUMMARYOF PROCEDURES..............................................................................................................2
SUMMARYOF FINDINGS ......................................................................................................................3
COMPUTATION OF UNDER/OVER PAYMENT OF TRANSIENT OCCUPANCY TAX.........................4
�randon W.Burrnws
Lance llonald L.Parker
5��� o[ Davhd F,H le U
L u n g h a rd ,,1'�rrfrssionnl C'nrporuJirrn
Donald G.Slater
t„�p Richard K.Kikuchi
Certi�ed Public Accourita�nts Het'r°d
RaberE C.Lance
19W-1994
Richard C'.Snll
�red J.Lunghard,Jr.
ivzx-ivyv
INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING
AGREED-UPON PROCEDURES
To the Honoreble Mayor and Members of the Gity Council
City of Palm Desert, California
We have pertormed the procedures enumerated herein, 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 af the transient
occupancy tax returns submitted by Operator#3 �Hotel}to the City for the period January 1,2007
through December 31, 2007. The engagement to appiy agreed-upon procedures was performed in
accordance with attestatian 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.
Consequentiy,we make no represe�tations regarding the sufficiency of the procedures described herein either
for the purpose for which this report has been requested or for any other purpose.
We were not engaged to,and did not pertorm,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 wouid have been reported to the City.
This report is infended solely for the use of the City and should nat be used by those who have not agreed to
the pracedures and taken responsibility for the sufficiency of the procedures. However, if this report is made
a matter of public record, its distribution will not be limited.
�, .�� �� , ��,�
���
July 21, 2008
7S�'�;At2S
r9�� zoo�
V� Fa,C�C.C�IiLE' �O3 ti l3rca Bl�t:l..St�it,,?(13 •F3rc,�.(`A')��+'i-30�(i*�?14)h7�-(1(1�' •Pax �?1-ta h7�-O;;I •��u.�v,ltil as. Lnti
OPERATOR#3 , PALM DESERT
SUMMARY OF PROCEDURES
(Unaudited)
We performed the following procedures on the books and records of Operator#3 (the Hotel), as
agreed upon by the management of the City of Palm Desert:
1. We reviewed the City Municipal Code and reiated ordinances and resolutions related to transient
occupancy tax.
2. We verified the mathematical accuracy and timeliness of transient occupancy reports filed with the
City for the calendar years 20d7.
3. We traced the gross revenues reported on the transient accupancy tax returns prepared by the Hotel
to gross revenues recorded in the Hotel"s accounting records and verified that these were in
accordance with the City's ordinance.
4. We selected a sample of rental transactions during the review period and for each transaction
selected, we verified tax computations and traced the amounts of rental revenues and transient
occupancy tax coilected to the books and records of the hotel.
5. We reviewed the internal control procedures of the Hotel to determine the fo(lowing:
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.
6. We reviewed the supporting documentation for exemptions claimed on the transient occupancy tax
returns.
7. We inquired how the Hotel handles reservations and payments made on line through a third party
such as Expedia.com and how the transient occupancy tax was collected and reported to the City on
these transactions.
8. We examined the Hotel's"Transient Occupancy Registration PermiY'and determined whether it was
posted in a conspicuous piace.
9. We performed additional procedures that we considered necessary to verify the reasonableness of
reported revenues of the Hotel operator.
5ee lndependent Accauntants' Report
On Applying Agreed-Upon Procedures
2
OPERATOR#3 , PALM DESERT
SUMMARY OF FINDINGS
(Unaudited}
1. Based on our proced�res,amounts reported on the return of transient occupancy tax appear tn agree
with the hotei accounting records. Our recomputations of the tax agree with the amounts paid to the
City and payments to the City appear to have been made timely.
2. Per Director of Rental Operations, Operator#3 does not take reservation
through on line third party such as Expedia.cam.
See fndependent Accountants' Report
On Appiyir�g Agreed-Upon Pracedur�s
3
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CITY OF PALM DESERT
LIMITED PROCEDURES REVIEW OF
OPERATOR#4
FOR COMPLIANCE WITH
TRRNSIENT OCCUPANCY TAX ORDINANCE
FOR THE PERIOD
JANUARY 1, 2007 THROUGH DECEMBER 31, 2007
CITY OF PALM DESERT
JANUARY 1, 2Q07 THROUGH DECEMBER 31, 2007
TABLE OF CONTENTS
Page
Number
INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING
AGREEQ-UPON PROCEDURES............................................................................................................1
SUMMARYOF PROCEDURES..............................................................................................................2
SUMMARYOF FINDINGS ......................................................................................................................3
COMPUTATION OF UNDERlOVER PAYMENT OF TRANSIENT OCCUPANCY TAX.........................4
Brandon W.Burrnws
Lance I)onaid L.Parker
SOI� Q_ \lichael K.Chu
o� David F.Hale
Lunghard .,�'�nfrssiona(Cnrpnrorrun
Donald G.Slater
LLP Richard R.Kikuchi
Certif'ied Pieblic Accountants rrer;rPd
Robert C.Lance
1914.1�4
Richard C.5011
Fred J.Lunghard,Jr.
192H-1999
INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING
AGREED-UPON PROCEDURES
To the Honorable Mayor and Members of the City Council
City af Palm Desert, California
We have perfarmed the procedures enumerated herein, 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#4 (the Hotel) to the City for the period
January 1, 2007 through December 31, 2007. The 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 na representations regarding the sufficiency of the procedures
described herein either for the purpose for which this report has been requested or for any other purpose.
We were not engaged to, and did not perform,an audit of the transient occupancy tax returns of the Hotel,the
objective of which wauld 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 and should not be used by those who have not agreed to
the procedures and taken responsibility for the sufficiency of the procedures. However, if this report is made
a matter of public record, its distribution wili not be limited.
�, ���-� , �'�,�
��� '
July 21, 2008
75 YEARS
1929 2004
V�! F '�it'8 ?O3,'�. Brea F31vc1.,Suite?(1.i .E3rea.C'A 9?Yi�l-4(15h•(?14)h72-O(1_'?•F'tax t?Idl(i7�-il"t:;l •}���_w_Isli i£iici>rr�
OPERATOR#4 , PALM DESERT
SUMMARY dF PROCEDURES
(Unaudited)
We performed the following procedures on the books and records of Operator#4 (the Hotel), as
agreed upon by the management of the City of Palm Deserf:
1. We reviewed the City Municipal Code and related ordinances and resolutians related to transient
occupancy tax.
2. We verified the mathematical accuracy and timeliness of transient occupancy reports filed with the
City for the calendar years 2007.
3. We traced 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 verified that these were in
accordance with the City's ordinance.
4. We selected a sample of rental transactions during the review period and for each transaction
selected, we verified tax computations and traced the amounts of rental revenues and transient
occupancy tax callected to the books and records of the hotel.
5. We reviewed the internal control procedures of the Hotel to determine the following:
a. How"gross rents"and "uncoilected rents"were accounted for and reported to the City.
b. What procedures were in place to identify transient and non-transient guests.
c. Now exemptions, including complimentary rooms, were documented and reported to the City.
6. We reviewed the supparting documentation for exemptions claimed on the transient occupancy tax
returns.
7. We inquired how the Hotel handles reservations and payments made on line through a third party
such as Expedia.com and how the transient occupancy tax was collected and reported to the City on
these transactions.
8. We examined the Hotel's"Transient Occupancy Registration PermiY'and determined�vhether it was
posted in a conspicuous place.
9. We performed edditional procedures that we considered necessary to verify the reasonableness of
reported revenues af the Hotel operator.
See Independent Accauntants' Report
On Applying Agreed-Upon Procedures
z
OPERATOR#4 PALM DESERT
SUMMARY OF FINDINGS
(Unaudited}
1. Based on our procedures, amounts reported on the return of transient occupancy tax appear to agree
with the hatel's accounting records, except for the following periods
Gross Rent
per our Review
Gross Rent of the Hotel's Gross Rent
Reported by Accounting (Under)/Over
the Hotel Records Reported
June 2007 $150,114.03 $ 150,571.03 $ (457.00}
2. Based on the finding above and our independent computation of the transient occupancy tax as
shown on page 4 of this report, the hotel has underpaid its transient occupancy taxes by$41.13 for
the period January 2007 through December 2007. The applicable penalty and interest computed in
accordance to Ordinance 3.28.080 up to August 1, 2008, amount to$20.56 and $4.94 respectively.
Therefore, the totai owed to the City as of August 1�' is $66.63 including the underpayment, the
penalty and the interest.
3. Per our inquiry with ,the hotel manager,the hotel also conducts business with online third
parties such as Expedia.com.The hotel receives the room rate plus the transient occupancy tax from
these third parties.The hotel reports and remits the tax to the City when the monthiy returns are filed.
4. The hotel does not have a Transient Occupancy Tax Certificate.
See Independent Acco�mtants" Repart
On Applying Agreed-Upon Pracedures
3
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CITY OF PALM DESERT
LIMITED PROCEDURES REVIEW OF
OPERATOR#5
FOR COMPLIANCE W ITH
TRANSfENT OCCUPANCY TAX ORDINANCE
FOR THE PERIOD
JANUARY 1, 2007 THROUGH DECEMBER 31, 2007
CITY OF PALM DESERT
JANUARY 1, 2007 THROUGH DECEMBER 31, 2007
TABLE OF CONTENTS
Page
Number
INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING
AGREED-UPON PROCEDURES............................................................................................................ 1
SUMMARYOF PROCEDURES..............................................................................................................2
SUMMARYOF FINDINGS ......................................................................................................................3
COMPUTATION OF UNDER/OVER PAYMENT OF TRANSIENT OCCUPANCY TAX.........................4
Brandon��'.Burrows
Lance Donald L.Parker
C�"O�' & '�tichael K.Chu
Lunghard n����E.Hale
.1 Prrrfe�a�i.onalCnrpnranon
Bonald G.Slater
LLP Richard K.Kikuchi
Certified Priblic Accoacntants x�rrred
Robert C.I,ance
���ia-iv�ia
Richard C.Soll
E'red J.Lunghard.,tr.
tv2x-�vvv
INDEPENDENT ACCOUNTAN7S' REPORT ON APPLYING
AGREED-UPON PROGEDURES
To the Honorable Mayor and Members of the City Council
City of Palm Desert, California
We have performed the procedures enumerated herein, which were agreed to by the management of the
City of Palm Desert, California (the City} so{ely to assist the Citv in verifying the accuracy of the transient
occupancy tax returns submitted by Operator#5 (the Hotel) to the City for the period
January 1, 2007 through December 31, 2007. The 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 herein either for the purpose for which this report has been requested or for any other purpose.
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 and should not be used by those who have not agreed to
the procedures and taken responsibility for the sufficiency of the procedures. However, if this report is made
a matter of public record, its distribution will not be limited.
�, .���-� , �'�°�
���
July 15, 2oas
75 �'E:1KS
� _�,..,x .,.
Ig29 2004
V� Fx['�x.cFsliCe ?(l:? N. E3rea Bivd.. Suitc ?O? •Firra.(`=l 9^�i2I��1t);f�•(71�ti h?�-(}i)?? •1'ax(?l l)��?'_ 0�:31 •ti�_�w�,w. cici a5.cum
OPERATOR#5 , PALM DESERT
SUMMARY OF PROCEDURES
(Unaudited)
We performed the following procedures on the books and records of Operator#5 (the Hotel),
as agreed upon by the management of the City of Paim Desert:
1. We reviewed the City Municipal Code and related ordinances and resolutions related to transient
occupancy tax.
2. We verified the mathematical accuracy and timeliness of transient occupancy reports filed with the
City for the calendar years 2007.
3. We traced the grass revenues reported on the transient occupancy tax returns prepared by the Hotel
to gross revenues recorded in the Hotel's accounting records and verified thaf these were in
accordance with the City's ordinance.
4. We selected a semple of rental transactions during the review period and for each transaction
selected, we verified tax computations and traced the amounts of rental revenues and transient
occupancy tax coliected to the books and records of the hotel.
5. We reviewed the internal controi procedures of the Notel to determine the following:
a. How"gross rents"and"uncoilected rents"were accounted for and reported to the City.
b. What procedures were in piace to identify transient and non-transient guests.
c. How exemptions, including complimentary rooms, were documented and reported to the City.
6. We reviewed the supporting documentation for exemptions ciaimed on the transient occupancy tax
returns.
7. We inquired how the Hotel handles reservations and payments made on line through a third perty
such as Expedia.com and how the transient occupancy tax was coflected and reported to the City on
these transactions.
8. We performed additional procedures that we considered necessary to verify the reasonabieness of
reported revenues of the Hotel operator.
See Independent Accountants' Report
On Applying Agreed-Upon Procedures
2
OPERATOR#5 , PALM DESERT
SUMMARY OF FINDINGS
(Unaudited)
1. Based on our procedures, amounts reported on the return of transient occupancy tax appear to agree
with the hotel accounting records. Our recomputations of the tax agree with the amounts paid to the
City and payments to the City appear to have been made timely.
2. Per our inquiry with our contact person at Operator#5 , the hotel provides
timeshare exchange by selling exeess room inventory and does not do business with third party on
line reservation companies such as Expedia,com.
5ee fndependent Accauntants" Report
On Applying Agreed-Upon Procedures
3
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CITY OF PALM QESERT
LIMITED PROCEDURES REVIEW OF
OPERATOR#6
FOR COMPLIANCE W ITH
7RANSIENT OCCUPANCY TAX ORDINANCE
FOR THE PERIOD
JANUARY 1, 2007 THROUGH DECEMBER 31, 2007
CITY OF PALM DESERT
JANUARY 1, 2007 THROUGH DECEMBER 31, 2007
TABLE OF CONTENTS
Page
Number
INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING
AGREED-UPON PROCEDURES............................................................................................................1
SUMMARYOF PROCEDURES..............................................................................................................2
SUMMARYOF FINDINGS......................................................................................................................3
COMPUTATION OF UNDER/OVER PAYMENT OF TRANSIENT OCCUPANCY TAX.........................4
E3randon 11'.Qurrows
Lance Donald L.Parker
SO" D_ titichael K.Chu
a� David F..Hule
Lu n g h a rd ,Professinnal Cerrpnradnrt
Uonald G.Slater
LLP Rirhard T{.Kikuchi
Ccjrtified Public Accor�ntants Ketired
Robert C.Lance
iv�a.ivvt
Richard C.Soll
Fred J.Lunghard.Jr.
ivzs-ivvv
INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING
AGREED-UPON PROCEDURES
To the Honorable Mayor and Members of the City Councii
City of Palm Desert, Celifornia
We have perfarmed the procedures enumerated herein, which were agreed to by the management of the
City of Palm Desert, California (the City) solely to assist the Citv in verifying the accuracy of the transient
occupancy tax returns submitted by Operator#6 (the Notel) to the City for the period
January 1, 2007 through December 31, 2007. The 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 herein either for the purpose for which this report has been requested or for any other purpose.
We were not engaged to,and did not perform,an audit of the transient accupancy 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 Notei 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 and shouid not be used by those who have not agreed to
the procedures and taken responsibility for the sufficiency of the procedures. However, if this report is made
a matter of pubiic record, its distribution wili not be limited.
�, .���.� , ��,�
.� ��.�
July 21, 2008
"r5�'f;AR5
rg29 200¢
Q�J �XC�C�fit:(, ?t)i?�i. E�rea Blvd.. St�ite 2Ui•Bre,t.(':1�J2H21-�k()5(i+(714i h7� 00?? •F���x t71-li Fi7'�-t):;�t •w_ww..l,it��<i�.cuiTi
OPERATOR#6 , PALM DESERT
SUMMARY OF PROCEDURES
(Unaudited)
We performed the following procedures on the books and records of Operator#6 _ (the Hotei),
as agreed upon by the management of the City of Palm Desert:
1. We reviewed the City Municipai Code and related ordinances and resolutions related to transient
occupancy tax.
2. We verified the mathematical accuracy and timeliness of transient occupancy reports filed with the
City for the calendar years 2d07.
3. We traced the gross revenues reported on the transient occupancy tax returns prepared bythe Hotel
to gross revenues recorded in the Hotel's accounting records and verified that these were in
accordance with the City's ordinance.
4. We selected a sampie of renta! transactions during the review period and for each transaction
selected, we verified tax computations and traced the amounts of rental revenues and transient
occupancy tax collected to the books and records of the hotel.
5. We reviewed 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 transienf and non-transient guests.
c. How exemptions, incfuding complimentary rooms, were documented and reported to the City.
6. We reviewed the supporting documentation for exemptions c{aimed on the transient occ�pancy tax
returns.
7. We inquired how the Hotel handles reservations and payments made on line through a third party
such as Expedia.com and how the transienf occupancy tax was collected and reported to the City on
these transactions.
8. We examined the Hotei's"Transient Occupancy Registration Permit"and determined whether it was
posted in a conspicuous place.
9. We performed additional procedures that we considered necessary to verify the reasonableness of
reported revenues af the Notel operator.
See lndependent Accountants' Report
On Applying Agreed-Upon Procedures
2
OPERATOR#6 PALM DESERT'
SUMMARY OF FINDINGS
(Unaudited}
1. Based on our procedures,amounts reported on the return of transient occupancy tax appear to agree
with the hotel's accounting records, except for the foilowing period:
Gross Rent
per our Review
Gross Rent of the Hotel's Gross Rent
Reported by Accounting (Under)/Over
the Hote4 Records Reported
Period 7-2007 $ 2,659,807.00 $ 2,654,683.46 � 5,123.54
Per our inquiry with Assistant Controiler, the amount originally reported on the retum
incorrectly included the parking gate revenue. This happened at the time the hotel installed the gate
and first started to charge for parking.
2. Based on the above findings and our recomputations of the tax, the hotel overpaid its transient
occupancy tax to the City by$461.12 as shown on page 4 of this report. Payments to the City have
been made timely.
3. Per our inquiry with , Assistant Controiler, the hotel does take on line third party
reservations.The revenues along with the taxes are reported based on the rate the hotel charges the
third party.
Ses Independent Accountants` Repart
On Apply{ng Agreed-Upon Procedures
3
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