Laws, Regulations & Annotations

P

660.0000 POSSESSORY INTEREST

Annotation 660.0105

660.0105 Hospital Operator. Where a city-owned hospital is operated by a private contractor-health service company pursuant to a contract granting it operational independence and a share in the net operating income, a taxable possessory interest is created. In each instance in which a private person or entity has the use of exempt government-owned property, the agreement for use must be examined to determine the exclusivity, independence, durability and private benefit conferred upon the operator. Only if the governmental entity retains sufficient control of the operator may the operator be considered an agent of the governmental entity and benefit from the entity's exempt status. C 2/24/1989.