Maine Occupancy Tax

Kate275
Level 2
Portland, ME

Maine Occupancy Tax

In my transaction history, under gross earnings, some transactions show that Maine State Ocuupancy taxes have been collected, and some show $0 were collected.  In at least one case the two transactions were aday apart, for the same amount, yet one guest paid taxes, and the other apparently did not.  What gives?

Thanks in advance

Rob

13 Replies 13
Carole164
Level 2
Maitland, FL

Does anyone have any idea how this is handled? I just called the state and they said everything after 4/1 would be collected and paid by Air. I had a reservation made March for June so I will pay that next week. But I had a reservation made May for June. I see nothing on my information that states air collected the tax and paid it. Anyone have any insight to this? 

Crystal3
Level 3
Eliot, ME

We just filed our Maine Lodging Tax from Jan -June 30 by filing on-line. Tax is now 9%. We have filed semi-annually since starting our rental in 2014. Now Airbnb has started collecting the tax on all lodging made after April 1st. Any reservations made prior to April 1st will not have the taxes collected for 2017. Ex: if someone made reservations in February to stay in you room on June 2nd then that amount will have to be paid to the State by you when filing the first semi-annual tax form, if the reservation was for later than June 30th, then that would be submitted at the end of year

filing. Are you confused yet?

The following information is directly from the Tax Office of the State of Maine

Line 1 Total Airbnb Sales

Line 2a Exempt Sales (this is the TOTAL SALES that Airbnb has collected the tax for you, this amount may be different than Line 1 because of the reservations that tax was not collected on before April 1st law implementation.) You would owe the State taxes on the difference between Line 1 and Line 2a

Thank you ! Very helpful !

 

I was told I had to file monthly by the state tho ..... either way it sounds like AirBnb will be taking care of all future filings eventually.

 

Dana

Can you share the link where you found this information? I'm trying to find it and cannot.

 

"The following information is directly from the Tax Office of the State of Maine

Line 1 Total Airbnb Sales

Line 2a Exempt Sales (this is the TOTAL SALES that Airbnb has collected the tax for you, this amount may be different than Line 1 because of the reservations that tax was not collected on before April 1st law implementation.) You would owe the State taxes on the difference between Line 1 and Line 2a"

Allison132
Level 1
Portland, ME

Here is what I wrote to AirBnB
 

From: Harborside Apartments <hidden>
Date: Sun, Sep 17, 2017 at 5:17 PM
Subject: Re: Airbnb: Airbnb Customer Support
To: Airbnb Customer Service <response at airbnb com>


Hi, Giulia,
 
I have three AirBnB listings in Maine:
  1. The Feathered Nest on Peaks Island (Peaks cottage)
  2. Intown 1br apt with harbor views (Belfast apt)
  3. 1.5 br convenient comfy urban digs (Portland condo)
I have always collected the 9% Maine tax on short term lodging (shorter than 28 days), filed returns and paid the taxes - quarterly for Peaks, semi-annually for Belfast, and annually for Portland.
 
In 2017 AirBnB announced that it would be collecting and remitting occupancy taxes as of April 1, 2017. Attached is an annotated Excel spreadsheet I made from transactions I downloaded from AirBnB.  I have a number of concerns, as follows:
 
1. Uncollected Taxes of $976.95
 
Relying on AirBnB's announcement, as of April 1, 2017 I stopped collecting tax from my guests, as I certainly do not want them charged twice!  It wasn't until I filed my 2nd quarter return that I noticed AirBnB had collected the tax inconsistently - for less than half the 2nd quarter bookings! - with no discernible rhyme nor reason. For example, how could I explain to [Guest #2] and [Guest #3] that [Guest #1] paid $77 less than they did? 
 
Uncollected taxes total $524.34 for the 2nd quarter, which I have paid, and $452.61 for the 3rd quarter to date, which I will have to pay by October 15.  It does not seem fair for me to be penalized for AirBnB's failure to collect the taxes. At the same time, it would look really bad for both me as a host and for AirBnB if I go back to the guests to collect these taxes!  It would be better if AirBnB would reimburse me, and that is what I am asking for. 
 
Collection does seem to have improved.  The most recent lapse was August 11.  Maine says that in the future I can get off the hook for filing all together if I sign a form saying all of the rental taxes are collected and paid by AirBnB.  However, based on this track record I am not sure I trust that to happen.
 
2.  Taxes Collected in Error $341
 
AirBnB charged $341 occupancy taxes on [Guest #4]'s 60-day rental in Portland (#[HIDDEN]). The Maine tax has an exception for a person who stays 28 days or more if they don't have another primary residence. Ms. [Guest] was moving back to Maine and needed a base from which to hunt for permanent housing (per her email of April 18). In such cases Maine law specifies that the tax she paid must be refunded.  The transaction summary does not reflect such a refund.  Even though she canceled after the first month, I don't see that taxes for the second month were refunded; be that as it may, the entire $341 in taxes should be refunded, as she stayed longer than 28 days.
 
3.  Taxes Collected but Not Credited $751 (or $410 if [Guest 4] is refunded)
 
I have been stuck paying the entire tax due, even when AirBnB has collected the funds from guests, because the State of Maine has no record linking any AirBnB payments to my properties.  I believe them because AirBnB never asked me for my State tax id#s.  AirBnB should reimburse those funds to me.
  • For the Peaks cottage, on my 2nd quarter return (4/1/2017 - 6/30/2017), I reported all of the income, but submitted only the taxes I had collected. I reported that AirBnB had paid $273. However, the State of Maine billed me for that amount, plus interest, and was planning to place a lien on my property as of September 15!  Discharging that will entail additional charges, no doubt.  I'll try to get them to hold off by paying the bill tomorrow.  Will
    AirBnB send that $273 to me?
  • For the Belfast apartment, with my return for the 1st half year (1/1/2017 - 6/30/2017), I paid the entire amount due to Maine, despite the $72 collected by AirBnB. It's not worth
    risking a lien for th at amount. Unless AirBnB can apply the $72 it collected to my account with State of Maine, it should reimburse me the $72.
  • For the Portland condo, AirBnB is holding $65 collected from guests.
    N o return will be filed until the end of 2017.  I trust that by then this will be resolved.
Similarly, going forward, when and how will the taxes AirBnB has collected from my guests ($508 in 3rd quarter) be credited to the State's accounts for my properties?
 
I will appreciate your meticulous attention to these issues, and your answers to each of the questions I ask.

If you have any question at all, please contact me by email at [hidden], or by phone or text at [hidden].

 

Sincerely,
Allison
Allison **
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
 
Below is what they said in reply.  Apparently I can do nothing.  (BTW, I now report rental income paid via AirBnB as "exempt").  So it seems there is no transparency, there are no checks on what they do or do not do, and no accountability.  I would think that state governments might be concerned...
 
Nariko C, Oct 5, 10:31 CDT:

Hey Allison,

My name is Nariko from Airbnb Customer Service Experience. I apologize for the delay in response to your tax questions and I would be more than happy to address your concern.

It appears that we are automatically collecting Occupancy Taxes for your jurisdiction.

Guests who book Airbnb listings that are located in the State of Maine will pay the following taxes as part of their reservation:

Maine State Sales Tax: 9% of the listing price including any cleaning fee for all reservations. For detailed information, visit the Maine Revenue Services’ website.

Just so you are aware, we file one tax return per jurisdiction with the total combined reservation revenue. This means that all hosts will be represented by one remitted amount, and we will not be providing your personal information on the return.

Hosts may then view the amount of occupancy tax paid by their guests by visiting the the Gross Earnings section of the Transaction History.

For your records, you may confirm the total taxes collected by going to your Account > Transaction History > Gross Earnings > Occupancy Taxes.
Taxes will only appear here once the reservation payout occurs. When you click "Export CSV", this will generate an organized spreadsheet of your earning summary and the amount of taxes collected for each reservation that you can print out and submit for your proof of tax collection and remittance.

Thank you so much for your cooperation and patience. I hope this information finds you well.

Best Regards,

Nariko

Crystal3
Level 3
Eliot, ME

Filing the State of Maine Short term Lodging tax.

We have been in contact with an excellent State Tax Representative since the whole process of Airbnb started collecting taxes in Spring 2017. We file tax form semi-annual  (due July and January)

We would be interested to know if anyone else files differently, quarterly, annually and why?

 

We will use $500.00 as an example of total lodging income.

Business Code 990

Line 1 Gross Sales $500.00

Line 2 Exempt Sales $500.00

 

Looks simple. If anyone else in Maine has had a different experience or information about filing lodging tax we would like to know.

As we understand Airbnb is submitting lodging tax once a year for 9% of total lodging sales. 

Linda791
Level 1
Bangor, ME

Sales taxes were collected by air b and b from my customers only 60% of the time.

Why is there inconsistency here?  there needs to be a phone number listed to talk with 

someone from A ir  B and B.  I could spend actual hours viewing the web site. Ridiculous !!!

still don't have answers.  

Linda C

This was my question as the original poster, and it never got addressed.  It seems like they are now charging tax consistantly.  Anyhow I haven't filed  a sales tax form since airbnb started "handling it" for us.  I'm a bit worried that I'll get slapped with a fine for back taxes one of these days.

Martha183
Level 2
Darien, CT

We started renting via Airbnb in July 2017. 

1) Do we still need to file an annual Maine Sales Tax return? 

2) I see documentation per rental of the amount of occupancy tax Airbnb collected.

What documentation is available that Airbnb has paid that amount to Maine and correctly associated it with our EIN?

Since there is no response from Airbnb after two weeks I'll answer what I found out from speaking to the Maine Department of Revenue. Even though Airbnb collects and "supposedly" pays the Maine 9% short term rental tax. Hosts still need to register for a Sales Tax license in Maine here: https://portal.maine.gov/salestax/SaveWelcome.do In registering you'll need to know 1) a Federal NAICC code for your business (https://www.census.gov/eos/www/naics/2017NAICS/2017_NAICS_Manual.pdf)and 2) have an estimate of your sales. The amount of sales determines whether you need to file monthly/quarterly/annually. About a week after we registered online we got a Sales Tax license in the postal mail. You need the business code and registration number to login and file the Sales Tax Return return here https://portal.maine.gov/salestax/. As "Crystal in Eliot, ME" indicated above you put your "Airbnb Gross Earnings" in Line 1 and the same number in Line 2a "Exempt Sales" This nets to zero tax owed if you are only filing for Airbnb income. Submit. Done. Note that your Gross Earnings are not what Airbnb pays you. It's what the renter is charged by Airbnb and includes the Airbnb service fees. To find that number log in to your Host account, click on your picture and select "Account Settings" --> "Transaction History" --> " Airbnb earnings summary". How Maine reconciles what we report with what Airbnb pays in bulk for all Maine hosts is a mystery as Airbnb does not have our Sales Tax license number. Also troubling is that Airbnb apparently provides zero documentation to its hosts confirming how much sales tax is paid to Maine or when. Very loose and shoddy business practices Airbnb!
Donald147
Level 2
Presque Isle, ME

We have a place in South Portland and we can now only rent for over 30 days due to a city ordinance.  AirBNB used to only charge tax on stays of 28 days or less but now they even collect $500+ for stays of 60 days or more which makes our place harder to rent because it is very expensive when the taxes plus the airbnb fees are added on.  Shouldn't there be no taxes charges on longer stays?

Sherry-and-Bob0
Level 2
Kennebunk, ME

So Airbnb collected room taxes for my Airbnb in Maine.  Now what?  Do I have to enter that anywhere on my state tax return?

Michael4747
Level 1
Portland, ME

So I am not an expert but under the list of people who are exempt from filing sales tax according to the State is people who hire a Managment or real estate company to lease there space. The reason is that those companies would collect the fee and file the sales tax under their tax id. My understanding is that AirBnB is are leasing agent collects all rents, fees and taxes and files. Because we don’t Handel any of the tax and are never paid directly from the renter we do not need to file. I am going to check further.