Massachusetts TAX EXEMPTION???

[Susan241]

AIRBNB Customer Service is useless. 

Their explanation of taxes is more useless 

can anyone give a short, and accurate answer to my question. 

I rent a room, max 2 people, July and August. I live in the house and serve breakfast.  

Will AIRBNB take taxes from my rate?

if they do and I’m exempt from taxes ...how do I tell them not to?

Thank you!

[Susan151]

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@Alicia242 wrote:

@Chase68  @Anne226 

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I really thought all of this would have been sorted by now. AirBNB is also "threatening" me about my categorization, and when I click the link, it takes me no where useful; certainly not the business set up promised in the email.

Of course, the easy thing would be for AirBNB to add an "exempt" checkbox. _le sigh_

[Susan1565]

Air bnb needs to comply with the law or the law is going to come down on them hard.

I  continue to work with California AG, Mass AG and Mass.gov. I have a group of more than 30 people fighting. I have now become a target and my ads are all deactivated. It would be one thing if all of us were asking for something ridiculous, but the law, is the law.

Air Bnb presented a drop down menu to Mass.gov showing they would comply with the new law on the site, then never created it.

Its coming back to haunt them, stay tuned

[John47]

@Susan1565 @Doug14 
Can you explain WHAT connection or linkage the California AG has to do with a MA law? I don't get that at all...and..you don't think that MA DOR has enough ability to get Airbnb to comply?

[Susan1565]

Air BNB  is a California company.  Mass compiled 1000's of complaints! Mass DOR along with

California AG is investigating.

Mass DOR has asked to file complaints with California AG as well. I have multiple emails and letters from both agencies. 

They want to attack Air bnb on all fronts. 

[Anne226]

@Alicia242, I, too, am receiving the same notices for my hosted listing and have communicated these concerns to both Airbnb and Deb DeSimone at Mass.gov. Last week I sent Deb screenshots of Airbnb's property categorization options and Mass STR definitions and exemption laws to Airbnb.

I also pointed out how Airbnb doesn't offer a B&B "home" option to match Mass.gov's exempt definition and is requiring all MA exempt B&B homes to change property type back to "house" or register as a B&B business, both of which will incur occupancy taxes. On 11/30, I received an email from Airbnb stating they hid my hosted listing from search results.

Deb said she'd speak with her Airbnb contact about this today. I'll share any feedback received.

[Alicia242]

Hi @Anne226 

I know it is soooo annoying. Please keep me posted. Her name is Jennifer not Deb at the MA DOR and I was told the same thing.... I seem to be doing ok now no more emails ... Im told by airbnb the emails are just auto generated .... I called airbnb on it... all that does is stress up out unnecessarily .... I still dont like it or trust it. If you search your town you will likely see your listing is still up. I am hoping that AIRBNB AND MA DOR come to some more logical resolution for all that are legally exempt as their are those hosts that are claiming they are exempt but arent really .... thats an entire other challenge they will have.... I am hoping for a more accurate and less confusing catergory etc. Sure we can add to our in home private room listing ( THIS IS NOT A TRADITIONAL B&B but why do we have to do that....  The old MA laws need to be updated and changed I have a feeling that is why the lingo and title/label has to be as such. 

[Anne226]

@Alicia242 , thanks for the correction. Luckily I didn’t address Jennifer as Deb! I imagine there are quite a few of us in MA affected by this. 

[Alicia242]

No problem.... Thats' what I suspect 

[Susan151]

@Alicia242  How did you get to keep "Private Room in a Bed & Breakfast?" I was delisted the other night until I was willing to change my listing to a "Private Room in a House" which means my potential guests will be paying taxes which simply isn't how the law is written.

[Tom-and-Hector0]

Oh no, throughout this whole thread I was thinking about my experience earlier this year when I tried to change my listing from a home to B&B. During that attempt I was asked to change my listing to home or register as a business. Well I'm not licensed for B&B and so I figured that the right thing to do was leave it as a home and guest will have to pay occupancy taxes. I changed it and forgot all about it until tonight. I was curious of any updates. Because I figured we are no longer exempt from taxes and therefor no longer had incentive for our guest to book with abnb vs other platforms  we decided to list our B&B home on other platforms. We generate more income not through arbnb which is a drummer as I enjoy abnb guest far more than others.

This is terrible they hid your listing. I hope you can get back soon, best wishes

[Doug14]

I feel your pain. I have Timeshare units listed on air bnb  in mass that were just shut down due to mass tax short term rental law.. The refuse to accept my Exempt by statute status for my timeshare rentals in mass. Escalated at least 6 times to air bnb without a response.  Offered to do a threeway call with Mass.Gov, they refused.

Mass.gov agents said they have had many meeting with them and they know the law but apparently have their own agenda

They went from a great platform in my eyes to the worst and customer service is a joke now.

[Alicia242]

@Doug14  I agree airbnb cust serv in general is terrible.... However, If you dont live in the home yourself and actually share the space like I do with your guests in MA you are NOT EXEMPT....Im assuming with multiple time share this cant possibly be the case. Its not enough to all be under the same roof but yet still be in a separate apartment. Hosts need to share the home with their guests. Everyone is not exempt. The  definition of exemption is clearly stated on the MA DOR  STR page. 

[John47]

@Alicia242 
You're correct in that, based on his description, @Doug14 listings are NOT EXEMPT. And it's possibly hosts like that who are maybe trying to skirt the tax that are going to cause problems for those who are legitimately B&B Homes.
The other key requirement is that breakfast must be included - now law doesn't say what that is or has to be but I think a continental one would certainly suffice.

[Aron22]

Am curious what you think is "their own agenda". What does Airbnb get by forcing registration and collecting taxes on behalf of the state when state law exempts both? Airbnb gets everything by complying the exemption law and thereby making it easier for hosts and cheaper for guests.

[Alicia242]

@John47  Yes, I totally agree! Its to bad some hosts are going to try to do this skirt the tax as you say, yet they clearly dont qualify for the exemptions.  This will surely cause problems for those of us that are legitimately B&B homes.