We have a SERIOUS problem in Taos.
Airbnb has been collecting 5% lodgers tas from all Taos rentals since October 2016.
I have gone round and round with them since then.
The rpoblem is this: the Town of Taos and Taos COunty have different rules on which types of rentals the lodger's tax applies to. NM law says any listing with "less than three rooms" is exempt from lodgers tax. The Town of Taos says any "room" is a room for taxation purposes. Taos County says only BEDROOMS count as rooms for taxation purposes.
My listing has one bedroom, but two rooms (a bedroom and livingroom area).
I am located outside of Town of Taos limits.
I even got a letter from the Taos COunty manager stating that my space does NOT qualify for being charged lodger's tax.
Airbnb has, and still is, charging lodger's tax.
After going round and round, submitting maps, plat maps, town limits maps, space diagrams, etc., Airbnb's final response was that becuse my town and zip code say Taso, NM 87571, that means I am in the Town of Taos.
It does not.
There are many humndreds of residences in the postal code of "Taos" which are NOT within town limits, and if less than 3 bedrooms, are therefore not subject to odger's tax.
As my accountant pointed out, if Airbnb thinks that all residences located in "Taos, NM 87571" are located within the Town of Taos, they are thereby collecting and remitting taxes from many County residents to the Town. Different governments.
Its a racket and fraud.
I've lost SO many bookings because of the added charges. And its fraudulent. To think: a major corporation beleives that tax applicability depends on postal zip code is absurd. Airbnb needs to examine the town/county line maps for ALL listings subject to lodgers tax and see if they are collecting and remitting properly.
Im my case, they are NOT.
And they absolutely refuse to listen and respond in a logical, legal manner.
So, over the past 1.5yrs, my guests have been charged many hundreds of dollars in lodgers tax improperly (fraudulently) and Airbnb has, it appears, remitted thse collected amounts to the WRONG ENTITY - to the Town of Taos (which I am not in) instead of Taos County.
I suspect the same may be happening in Santa Fe, NM - if the City of Santa Fe has a lodgers tax ordinance, and Santa Fe County does as well, and those ordinances are interpreted/applied differently (as in the case of Town of Taos/ Taos COunty), then ore fraud is being perpetrated by Airbnb.
Oh - also, Taos Couty says it began collecting lodgers tax from Airbnb in late summer 2017.
Airbnb says its began collecting lodgers tax from guests in Oct 2016.
So did Airbnb simply keep the lodgers tax amounts collected between Oct 2016 and summer 2017?
Where did that $ go?
Our Couty is run by people with no higher education, so they do not understand the basics of taxation and accounting. They do not understand that they, and thier residents, are being ripped off by Airbnb.
Airbnb is committing tremendous fraud in Taos County, and against me and my guests.
I've simply rented the space long-term (not using airbnb) because the improperly-imposed lodger's tax makes the listing less attractive to guests.
Oh - and of course, on top of that, I have to pay Gross Reciepts Tax (sales tax). My business is a corporation and Airbnb STILL sends me a 1099. Ridiculous. There is increasing evidence that Airbnb is a scam, just out for $$ and unconcerned with the actual people who use it - hosts who want to provide a lovely local experience, and guests who want to connect more with the "local flavor."
Its very sad and very frustrating.
