Massachusetts TAX EXEMPTION???

Susan241
Level 3
Falmouth, MA

Massachusetts TAX EXEMPTION???

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!

71 Replies 71

@Alicia242 
So...just had an email from HomeAway saying my listing was deactivated due to no registration nbr on file...ok...I hadn't done that as get very little activity via it and only have one unit of five listed there...but..in going thru the process to add it, they have a 'pick your type listing' and included in the B&B Home entry is" Time-Share!
So looked back at Session 337 law and - seems those are exempted as well, though I would imagine only if not sub-let. I'd not noticed that clause before so maybe @Doug14 listings fall under that group instead the B&B Home that most all of us had been discussing?

Alicia242
Level 5
Salem, MA

@John47 Perhaps...I dont have that type of listing so have no idea?

 

 

Ruth102
Level 2
Malden, MA

My listings are exempt from the Massachusetts state regulation occupancy tax because they are fewer then four rooms in an owner occupied unit. After spending a huge amount of time working with Airbnb support to list the rooms as exempt before the December 1 deadline, in the end they informed me that Airbnb doesn't support exempt listings and they changed my listings to minimum 91 day stays.

 

First, the state regulation considers anything over 31 days as long term and thereby exempt from the occupancy tax. Apparently Airbnb is using the Boston City regulation that defines short term as up to 90 days. My property is not in Boston.

 

Second, Airbnb has already charged the occupancy my guests who stayed prior to the December 1 deadline. Legally the guests do not owe this tax.

 

People are wondering what Airbnb is doing with the tax money they are collecting: I would guess that they will pay it to the state. The state will not have anyway of knowing that these taxes aren't actually due.

 

I am glad to hear that the state has a place to register units that are exempt. I'll see if I can find that. Hopefully Airbnb will be forced to catch up with the need to allow listings to be listed as exempt. And they are going to have to return a lot of money that they have collected from guests who stayed in exempt units.

 

In the meantime I am losing short term bookings.

 

One clarification/distinction about what I've been reading in this thread: the exemption for bed and breakfast homes required breakfast be "provided", not "served". I think having cereal or English muffins available for the guests to prepare for themselves qualifies.

@Ruth102 
I would have replied sooner but packing for my winter trip to FL - if you haven't yet been in contact with Jen Desimone at Mass DOR, you NEED to be re your situation! Her email is desimonej@dor.state.ma.us and has been VERY helpful so far. She can get some action, I am quite sure.

oh thank you John, that will be great to talk with someone from the state. 

I'll report back here on what I learn from her.

@Ruth102 
FYI - She's the lead person in charge of implementing the STR tax and also head of the Problem Resolution Office, I believe. I was referred to her by Sen J. Cyr's office. back at EOY.

 @john47  

@Ruth102 

 I was wondering if you have heard anything back from DOR because my situation seems to be similar. I would like to rent out not more than three bedrooms in my owner-occupied single-family home so I assume I am exempt as a bed-and-breakfast home but I'm having the greatest difficulty in registering as such on Airbnb. @ruth1

Doug14
Level 2
Newington, NH

Best course of action is California AG in this matter!

 

I have gone through many agents in Mass.GOV and California AG picked it up

 

Keep pushing

 

Media is next

 

 

Aron22
Level 2
Northampton, MA

Has anyone succeeded yet in getting Airbnb to recognize MA exemptions? The Exemptions section below is just crock.

 

  https://www.airbnb.com/help/article/2587/occupancy-tax-collection-and-remittance-by-airbnb-in-massac...

@Aron22, I have two listings. My hosted listing is exempt as a Bed & Breakfast home (which is how I started five years ago), and my other private house listing is not exempt and registered with the state. 

 

I did have to communicate a bit with MA before they worked things out with Airbnb. It took a while, but I finally stopped receiving Airbnb notices to register the exempt listing. 

Michael4830
Level 2
Barnstable, MA

As a home B&B, I had mistakenly registered with MA in 2019. I explained my problem in 2020 and the problem resolution office removed my mistaken registration.

William1509
Level 2
Swansea, MA

I registered on Mass Tax but still cannot publish my listing.  Can anyone help me publish my listing.