San Diego regulations

[Amy-and-Dave0]

Hi, I'm new to the Airbnb community.  We are just starting out, and I was looking over the San Diego Regulations, and it seems very complicated.  Other then the TOT tax form, what other permits are required for renting out a "Back House" that is attached to our main house, which is our primary reseidence?  Any help would be appreciated.

Thanks,

Dave

[Marc-and-Josie0]

Dave, Did you ever find out the answer to this question? I am wondering the same thing. Correct me if I am wrong but Airbnb collects the TOT tax on our behalf and there is really nothing that we need to do correct? Except maybe apply for the certificate, did you do that?

[Maya29]

I had a meeting with the TOT tax board about this last year. Airbnb does collect the taxes on your behalf, however, you still need to apply for the TOT certificate (which is free) and then every 4 months or so, do a print screen on all the teaxes paid via Airbnb and email it to the TOT office showing that you're paying diligently. Don't forget to include your TOT Certificate number. They will print out a copy and put it in your permanant file. Please take a look at my page. I am very thorough. You don't want any issues with taxes or guests. Suggestion: Leave the Instant Book feature off. 

[Julie640]

Hi Maya,

we are thinking to start using Airbnb to rent out our place in gaslamp. what do we need to start? license? Taxes?

It is very confusing and we don't want to get in trouble with the city regulations. 

Thank you so much for your help

Julie 🙂

[Katalin24]

Hi Maya,

Did you get any information about hosts who have been renting before 2015?  I've been a host since 2012 and I just got a letter from the City of San Diego that I owe them the TOT and TMD taxes, including late fees between 2012-2015.  Do you have any info that could help me?  Thanks much, Kati

[Jessica165]

In our area of San Diego (North County) airbnb wont collect the TOT tax for us so I have to be sure it's done on each rental. It's annoying but important- and then it must be submitted on time to the city. You will want a business license and a TOT license

[Rebeca24]

Hello! I am a San Diego State University senior. I am writing an article for my journalism class about how the city council was no able to agree in some proposed regulations for short-term housing in the city and I was wondering if someone is willing to talk to me and share their experience with a platform like this that allows short-term housing and sharing. I can be contacted at [phone number hidden] or to my email [email address hidden]. This is just for my journalism class and if you have any questions please feel free to contact me. I would really appreciate your help.

Thank you.

[Linda3221]

I had the same question and was bent on getting an answer. I was able to get an answer from Ed Nash TOT Administrator and Compliance, City Treasurer City of San Diego. I sent Mr Nash a copy of the email I received from Airbnb re their TOT remittance procedure which is essence say they make “one” remittance for Airbnb Host in which they’ve collected TOT tax. Airbnb confirms they don’t send a certificate# or Hosts name when they remit the payment. I forwarded a copy of Airbnb’s response to Mr Nash. Mr Nash thanked me for forwarding the email. Mr Nash states “The San Diego Municipal Code requires every operator to KEEP RECORDS; see below. You do not need to submit records to us each month”.  Mr Nash referenced Section 35.0121 Records in summary it says Operators are required to collect and pay TOT tax and “to keep and preserve, for a period of three years” the business records has to provide sufficient information to determine the amount of the tax the operator is liable for to the City. It also says the records must be available if or when City Treasurer  it’s deputies and agents asks to see it and it’s unlawful to refuse their request to see it at all reasonable times. 
i was trying to attach all the emails but it was taking me too long to find a way yo attach it. So i hope the above answers questions re TOT taxes and their remittance to the it’s Treasurer

[Linda3221]

continuation to above. It appears having printed copy with breakdown amount paid by guest and the amount Airbnb collected for TOT tax should be sufficient proof the tax have been collected and sent to the city

[Jodi65]

Thanks for this Linda - there are so many people who will benefit from this info!

[Pete2925]

yes and now we have the new Rental Unit Business Tax permit. Mine costs $60...thanks to our beloved Mayor and City Council

[Carmen1635]

This is the most useful response on this TOT issue.

Thank you for sharing

[Helen2612]

I’m brand new to the Airbnb community. So I have a few questions about it. If I’m leaving out of town most of the year for travel and work and I’m putting my house on Airbnb, should I put my house under a LLC? even though patches throughout the year I could be returning to my primary residence when it is not booked for a short period? Does anyone else have a LLC or just insurance?