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Airbnb Charging Taxes on stays > 30 nights

Voyage0
Voyage0 in
Boston, MA
Level 2
‎18-05-2020 09:08 AM
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Is anyone else getting taxed for stays > 30 nights? The tax law is clear that stays < 30 nights are to be taxed, yet Airbnb is charging taxes for reservations > 30 nights. This is impactful to guests since they are overpaying by up to 17.95%, and impactful to hosts since their listings are up to 17.95% more expensive than the alternatives. I raised this to customer support and they couldn't help me and pointed me to raise this to Airbnb in the feedback form. Not helpful so far. 

 

PS: My listings are for "business stays" in Boston.

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Re: Airbnb Charging Taxes on stays > 30 nights

Pat271
Pat271 in
Greenville, SC
Level 10
‎18-05-2020 09:37 AM
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In looking under the Massachusetts taxes here: 

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

It says that the max for taxes is 89 days for “professional” listings.  Perhaps your listing is being categorized as a “professional” listing.

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Re: Airbnb Charging Taxes on stays > 30 nights

Voyage0
Voyage0 in
Boston, MA
Level 2
‎18-05-2020 10:05 AM
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Hi Pat. That's Airbnb's interpretation of it. The actual tax law they link doesn't require "professional listings" to be treated as a motel/hotel/lodging house which are subject to the 90 night rule. The tax law makes clear that short-term rentals (which is what our units are, even if they are professional listings) have a 30 night rule. Below is the excerpt. Source: https://www.mass.gov/technical-information-release/tir-19-3-changes-to-the-room-occupancy-excise-in-...

 

"Prior to the Act, G.L. c. 64G, § 3 imposed an excise upon the transfer of occupancy by an operator in Massachusetts of any room or rooms in a bed and breakfast establishment, hotel, lodging house or a motel for a period of not more than 90 consecutive calendar days.[4]  Beginning on or after July 1, 2019, the room occupancy excise also applies to the transfer of a room in a “short-term rental” for a period of not more than 31 consecutive calendar days, if a rental agreement was entered into on or after January 1, 2019.  The term “short-term rental” means an occupied property that is not a hotel, motel, lodging house, bed and breakfast establishment or bed and breakfast home, where at least 1 room or unit is rented out by an operator through the use of advance reservations.  A private owner-occupied property is considered a single unit if leased or rented as such.  A short-term rental accommodation includes one or more rooms in an apartment, house, cottage, or condominium.  It does not include property that is rented out through tenancies at will or month-to-month leases.  It also does not include time-share property.[5] "

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