IMPORTANT NM Gross Receipts Tax Forms NEEDED FROM AIR BNB Calling all NM Hosts to Demand these

Jennifer62
Level 4
Montclair, NJ

IMPORTANT NM Gross Receipts Tax Forms NEEDED FROM AIR BNB Calling all NM Hosts to Demand these

I have had a legal short term rental in NM since 2013 and always paid my Gross Receipts Taxes.

I just got off the phone with the State Taxation department and learned exactly what we need from AirBNB to prove they are paying over what they are calling 'occupancy taxes' properly to the State. They have been collecting them from all our New Mexico guests on rentals since July 1, 2019

We need 'a statement to agree and pay taxes called a TS 22' OR 'a NTTC - Non Taxable Transaction Certificate' from Air BNB to file with our Gross Receipts taxes. 

This is such a complicated situation and AirBNB is NOT doing it properly. Each part of NM has a different Gross Receipts Tax formula which is updated twice a year. Then, cities like Santa Fe have their own lodger's tax. For my guests, the total for July 1 - Dec 31 2019 should be 15.4375% (7% to Santa Fe, 8.4375% NM Gross Receipts Tax)

When I look up my Transaction History, I can see that AirBNB charged my guests MORE than these totals in all but two cases - two bookings that were made prior to July 1 but actually occurred in July. 

In your Transaction History, the amounts are called occupancy taxes which is INCORRECT and NOT USEFUL to show to the State of NM to show that these taxes have been collected by AirBNB.

Every NM AirBNB owner needs to call AirBNB and get them to get us the proper documents. They also need to explain to the State how they are collecting more money than they are entitled to from the guests. 

If you file bi-annually, which I do, you need to file by 1/27/20 to avoid a penalty. Please join me in pressuring AirBNB to do the right thing and provide all NM hosts with one of the two acceptable forms to show they have collected and will pay these taxes on our behalf. We owe it to the State we do business in. 

 

 

22 Replies 22
Kati1644
Level 2
Santa Fe, NM

I collected all of my documents and filed a complaint with the Attorney General’s office. 4 months of no meaningful action with Airbnb was resolved in no time flat. 

Airbnb claimed to have a contract with Colfax County and was charging accordingly. However, Colfax County had never received one penny in lodgers tax from Airbnb. 

Airbnb admitted to having made a mistake in their program, they never had a contract with Colfax County, had no right to charge the taxes and claims they gave everyone their money back. I know get to set my tax rate and it is paid out to me to file. 

if you’re in the county, see what rate they charge.  Is it for the city or the county?  Call the county and ask if they’ve ever received lodgers tax from Airbnb. My guess is that Airbnb extends the city limits to the county, charges the taxes and does who knows what with it. 

Ask the AG office to investigate. They have the power where you don’t. 

 

I just started a STR in Colfax County and had no idea what a headache was awaiting me to be a law abiding citizen and pay occupancy taxes. Someone directed me to this thread, and I saw your response, which is the first glimmer of hope I've had after hours of silence from AirBNB. 

 

Can you give me any more information on what you did that worked? I had already contacted the NM attorney general earlier today and was planning on filing a complain prior to seeing this. I intend to do this ASAP.

 

Once you did this, were you able to change your listing to collect and remit taxes manually? This is what I've already asked to do, and was told no, that Airbnb has an agreement with Colfax County to collect and remit all taxes for any Airbnb listings and if I have further questions to contact the local county tax office and/or my personal lawyer ($$$).

 

It seems crazy to me that this hasn't already been sorted out, as Colfax County is a popular tourist destination and the county must be losing revenue and Airbnb must be losing listings over this.

@Kati1644  Just realized I didn't tag you in the reply above. If you have a moment to help a desperate fellow human being out, I would appreciate any advice 🙂

Geri201
Level 2
Santa Fe, NM

We are new to Airbnb, starting out in December 2021 with our place in Santa Fe, NM. I was confused about how these taxes were computed and finally found a couple of documents that clarified that for me.

First, the Airbnb help center has a document called "Occupancy tax collection and remittance by Airbnb in New Mexico". In this I found that gross receipts tax (8.4375 in the city of SF) is collected by Airbnb, submitted on our behalf, and calculated to include listing price, cleaning fees AND guest fees for reservations 30 nights and shorter. In this same document it states that the Santa Fe Lodgers' Tax of 7% is collected and submitted on our behalf, and calculated to include only listing price and cleaning fees  for reservations 29 nights and shorter. So a 15.4375 percent calculation of any total will come out wrong. When I tried those calculations on all of our bookings for December, they matched the amount that Airbnb charged our guests for Occupancy Taxes. I also have a copy of a document titled "Voluntary Collection Agreement for City of Santa Fe's Lodgers' Tax Ordinance" that spells out Airbnb's agreement to collect and remit lodger's tax and assume liability for failing to do so and the City's agreement to audit Airbnb on the basis of Lodgers' Tax returns and not audit individual guests or hosts. This agreement, however, is separate from gross receipt's tax.

Don241
Level 2
Eagle Nest, NM

Like others, I struggled to file my CRS today.  But it turns out to be very simple, almost as easy as it was before.  With help from the NM tax people (at 866-285-2996) I was able to complete my filing, pay no tax (since Airbnb already has) with just an extra click or two.  There was no need for the NTTC, TS-22, Airbnb's EIN number or anything else beyond the numbers we normally provide. 

 

The key is the use of the "G0-999"  deduction code.

 

when it asks "Do you have any deductions or special rates to report?" select YES.

then from the next pull down menu, select "G0-999 - General Deduction(s) ; Decline to separately report"

 

then put in the amount that AirBnB has already collected on your behalf.   and in my Voila! it calculated my debt correctly as Zero! 

 

Of course, this doesn't begin to address the bogus collections (IE. Colfax County never getting a dime, etc.) or the simply incorrect percentages collected from our guests.  And no guest that I have spoken to has gotten any tax rebate nor has the rate of tax collected from my guests gone down, so there are still issues to be addressed on these matters. 

 

It took me 24 hours, 8 phone calls, 2+ hours on hold, two callbacks and finally a 7 minute chat with 'April' from the NM tax office, but in the end it's a lot simpler than it appeared.  Good luck to all! 

Keith488
Level 2
Pennsylvania, United States

Good morning, all.

 

Adding a bit of info to this important thread.

 

My input comes as a volunteer Lodgers Advisory Board Member who is a home owner in Angel Fire, outside of the AF muni limits  - therefore in 'unincorporated' Colfax County - and subject to the county lodgers tax.

 

Colfax County Lodger's Taxes are indeed NOT captured by AirBnB and need to be captured and sent to the county directly by property owners. It is 5%, as define by the county ordinance. 

 

When passed, I simply charged my guests the required 5% via the AirBnB app, collected it, and submitted to the County, distinctly from any AirBnB taxes that are sent to the state. There is a form one needs to submit to the county with the check for these taxes. Unfortunately, this 2-step process is the only way to be compliant with the tax rules, since AirBnB is not likely to get into the county tax/remittance business for our specific area.

 

Details and copies of the forms can be obtained from: http://www.co.colfax.nm.us/government/lodgers_tax_e-911_zoning.php

 

The taxes collected are being used actively to help fund local tourism based initiatives and businesses to drive more visitors to the area - which is a good thing for the local economy.

 

Questions can be directed to:

 

Amanda Segura

E-911 Coordinator/Zoning Administrator/Lodger’s Tax Clerk

asegura@co.colfax.nm.us

 

Colfax County Manager’s Office

P.O. Box 1498

230 North 3rd St

Raton, New Mexico 87740

 

Phone: (575) 445-9661 Ext. 7713

Fax: (575) 445-2902

co.colfax.nm.us

 

Hours: Mon-Thurs 7:00am - 5:30pm

 

Stay well, all!

 

Keith 

Airbnb is supposed to NOT be charging Lodgers Taxes in Colfax County any longer, only Angel Fire as they have an agreement with them. I filed a complaint with the NM Attorney General and Airbnb stated that they had charged renters in error since Jan 2021 and would refund them their overcharges. 

They have changed the formula imposed on my unit out by Black Lake  and I now set the 5% Lodgers Tax which is then remitted to me and I remit it to Colfax County directly. It was a multiple months’ long process but I finally prevailed. 

I also had Airbnb collect 5% and 2.4% for the lodgers and recreation taxes 

 

Airbnb collects it and gives it to me and I pay it to village

 

Airbnb collects state and sends it to them on my behalf 

 

however I have to report income to state showing Airbnb should be paying it