Occupancy Taxes?

Answered!
David3394
Level 2
Auburn, AL

Occupancy Taxes?

Occupancy Tax is killing our listing!

 

If AirBNB is collecting and (likely) not actually paying the tax to the jurisdiction, would you please lower your service fee to help the host to be competitive? This new addition to the total price is VERY disappointing.

 

We are NOT a hotel... it's a peer-to-peer network. Hire a creative tax attorney who has some guts. Stand up for the hosts. Don't cave. This is a serious issue that has not really been resolved.

1 Best Answer

@David3394 - Airbnb is paying the occupancy tax to the jurisdiction or else they would not be allowed to do business there.  It's usually a part of the deal they make to not be shut out.  Unfortunately, "occupancy tax" has nothing to do with being a hotel, it has everything to do with being a "tourist tax" - so people visiting the area who use the roads, the utilities, the city-sponsored and subsidized parks, etc. - who do not pay property or income tax to the area - are charged for this.  Think of Las Vegas, Charleston, Washington D.C., any location where tourists outnumber the residents, this helps keep the area in good condition for all the extra "use" where regular taxes do not cover it.  It helps keep all areas ready for the next tourists.  

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63 Replies 63

Also forgot to mention that this booking is not located in one  of  the occupancy tax jurisdictions Airbnb lists, so I'm guessing this is a host manual calculation? How does that work? Thanks again!

 

https://www.airbnb.com/help/article/2509/in-what-areas-is-occupancy-tax-collection-and-remittance-by...

Katie1064
Level 2
Fort Mitchell, KY

Occupancy/lodging/sales taxes were collected from Airbnb on my property rentals last year.  How do I find out which tax authorities (state and/or county) was paid and when?

I am new to Airbnb and need to know for my income taxes?  How do I get documentation of which entity was paid and how much?

Christopher920
Level 2
Palm Springs, CA

Regarding Airbnb's handling of Occupancy (TOT) taxes.   

  I manage multiple listings under the same account.  When I set up the first listing, I was prompted to enter a tax rate, and taxes were collected from renters and included in the payouts to the listed account.  Those funds were then remitted to the local tax authority by the owner.  About a year later, when I set up the second listing, no such option was available to input a tax rate.   Instead, there was a notice indicating that taxes for the county this listing is in were collected and paid directly to the tax authority by Airbnb.    Since I was not seeing the taxes flow through for reservations at this listing, despite it being in the same city as my first listing, I contacted Airbnb support, where they confirmed that the county was one where the taxes are paid automatically,  and assured that the net payout would remain the same.  I then asked for some kind of report providing the details of what was paid.   After literally weeks of calling, writing, disconnects, and closed threads stating "this issue was the topic of prior threads, this thread is now closed"  I was finally informed that the taxes are paid in aggregate and they could not provide detail on a listing by listing basis.   Since I'm still responsible for filing taxes on a monthly basis, I continued to press for this detail, with similar fruitless results.    Finally, I got a response.   After months of relying on their previous advice, I was told that, while taxes were collected for listings in the County, they were NOT collected for the specific municipality in that county where my listing is located.    Aside from the obvious problem of not having collected or paid the proper taxes for tens of thousands of $ in prior rentals,  there isn't a mechanism to collect taxes going forward.    This leads me to a number of critical questions for Airbnb:

  • Why does Airbnb collect taxes for one of my listings but not the other, when they’re both in the same city?
  • For every other county in California where Airbnb collects and remits taxes, it lists the specific municipalities in that county where it does not collect taxes, except for Riverside County where it does not list any specific cities.  Given that Palm Springs is one of the most popular vacations destinations in the state, why would it omit that information?
  • Why did Airbnb remove the option to enter a tax rate for properties in areas where it still needs to collects taxes?   How are hosts supposed to specify a tax rate for Airbnb to collect?
  • If the answer to the previous question is “through the resolution center” then how is that possible given that Airbnb doesn’t route resolution center payments (including taxes) to the account associated with each listing, but rather dumps them all into the default account?
  • The tax rate here just increased by 1.5%.  How can I change the rate for the property where you do collect and pass through taxes, when there is no longer a way to edit the tax rate currently being applied?
  • Why weren’t any of the support personnel able to correctly answer my simple question about whether taxes were being collected and remitted for this property?

 This is going to cost me thousands in now-uncollectable taxes and penalties and put my entire business at risk.  Is anyone else facing similar issues with the way taxes are being handled?    I've brought these issues, as well as specific recommendations for what needs to be done to fix these issues, to Airbnb's attention via emails to support, but have yet to get any kind of response. 

 

These are basic tax and fee collection and reporting tools that every business, particularly multinational businesses operating in many different tax jurisdictions has to deal with.   I’m frankly astounded that Airbnb has been able to operate as long as it has without this functionality.  None of the changes suggested here should be difficult to program or implement, nor are any of these changes controversial or beneficial to only one small group of hosts.  Here is what I think Airbnb needs to do to help hosts struggling with this issue.

 

  • Provide a way for hosts to define multiple taxes rates and fixed gov’t fees (with start and end dates for each tax rate or fixed fee to accommodate special or seasonal taxes.)
  • Include all applicable taxes and fees on quotes to prospective renters.
  • Clearly indicate, for each municipality, whether it remits collected taxes to the taxing authority, or whether collected taxes are passed through to the hosts for payment.
  • Provide basic period reporting for all taxes collected for each listing (whether passed-through or remitted directly)
  • Route all pass-through taxes to the proper listing for which the taxes were collected, rather than to the “default” listing for a given account.
  • Provide a mechanism to define optional services that may apply to a rental, the fees for those services, and whether or not these services are taxable; Allow the host to indicate which services the guest has requested at the time a quote is generated for each rental, not as an after the fact “resolution.”   All fees and taxes collected should be routed to the bank account associated with the listing for which the fees were collected, not dumped in the “default” listings bank account. 
  • Provide a way for support personnel, as well as hosts, to see exactly what charges, taxes and fees are applicable to their property based on its location, as well as reports indicating the taxes previously collected and remitted. 

Your comments and feedback on this issue are welcomed.   

Hi Christopher, I'm working on new application that calculated the occupancy taxes properly, if you are intetstsd please contact me at lavyidan@gmail.com 

Idan

Christopher, 

 

Did you ever resolve this issue? I show OCCUPANCY TAXES are being withheld for Oakland and Alameda Counties (where I live) on the breakdown on individual bookings. But on the EARNINGS REPORT, there is no breakdown, just what I've been paid and the Airbnb fees. Obviously, the report is wrong, as it doesn't show that the fees have been withheld or paid to the local authorities. Did you ever get a straight answer from Airbnb?

A class-action lawsuit?

Angela2025
Level 2
Crested Butte, CO

Where can we get help with this?

Carol6919
Level 1
Silver Spring, MD

I would like to know where you find the total occupancy tax paid for 2021

Chad129
Level 2
Balko, OK

[Personal details removed in line with the Community Center Guidelines]

 

Colfax County in New Mexico hired a firm to locate every Airbnb in the county to begin collecting taxes. When they contacted me, I told them that Airbnb took care of that for me. Amanda Segura with Colfax County said that EVERY Airbnb host said the same thing but she is the only one that handles that and Airbnb has never made a payment. I was required to get a NM tax number and am now paying the taxes myself. I have asked Airbnb to reimburse me the taxes withheld for 2022 as I am paying them and to discontinue withholding. I look forward to hearing from Airbnb soon. They are a great company and I’m sure they will do the right thing. 

@Chad129 "I have asked Airbnb to reimburse me the taxes withheld for 2022 as I am paying them and to discontinue withholding. I look forward to hearing from Airbnb soon. They are a great company and I’m sure they will do the right thing. "

 

Don't hold your breath.

Brenda328
Level 10
South Dakota, United States

@Chad129   Good luck with that.  I have a vacation rental that is in an unincorporated area meaning county taxes, but no city tax.  Airbnb insists on collecting the city tax - which is an additional 3% because there is a lot of tourism in the area.

 

I have contacted Airbnb multiple times about this issue and they have refused to change the rate and have told me that I am incorrect.  I am not.  V*** manages to charge the correct tax for this location, why can't Airbnb?   Most of my rentals are in the several thousand dollar range which means that Airbnb is collecting over $100 too much from each guest.

 

Is Airbnb unaware that they can purchase a service that tells them exactly how much to charge in tax based on the service address or have they just not implemented it correctly?  Amazon and thousands of other retailers manage to collect the correct amount of sales tax even when they ship to my remote little house out in the country.  And Airbnb doesn't have to know the correct tax rate for every address in the entire nation - they only need the correct tax rates for the properties listed on their site.

 

I can't imagine the number (and dollar volume) of errors they are making nationwide.

Good luck lol. Airbnb is withholding 20% ISR tax and 16% VAT from me now. I said that's fine but I want proof Airbnb is submitting these taxes. 2 weeks later and speaking with 6 different people from customer service and still nothing. I told them that has got to be illegal to withhold money and not give documentation that those monies have been submitted to the proper tax authorities (SAT in Mexico). 

Ginny29
Level 2
Penfield, NY

If someone is staying at our airbnb for several months while they relocate, do they still have to pay occupancy taxes? And if not, how do I stop it from being charged?

 

Jennifer3145
Level 1
San Miguel de Allende, Mexico

I am not licensed in Taos to be a short-term rental - all of my rentals are a minimun of THREE MONTHS and in summer one full month limit. Yet Airbnb is charging occupancy taxes to me and my renters that ARE ARE NOT DUE. I contacted Taos city gov and they agreed I do not owe them. But they said talk to airbnb since they are the ones charging me. I did. They told me they are correct in charging me - although even the city says I do not owe them!!! It is killing my listing to add those costs to a three-month rental. No other month-to-rental pays those fees in Taos. Is this a class action lawsuit here?? Are others of you being charged taxes you dont owe so airbnb can keep the money???

Billie51
Level 2
Concord, CA

In California (unincorporated S. Lake Tahoe area), Airbnb has been collecting and paying the 10% Occupancy Tax directly to the County.  I still have to fill out a Quarterly Transient Occupancy form every quarter.  When looking at the Transaction History for my 10 guests during the first quarter of 2022, I realized Airbnb had paid the tax for only 6 out of the 10 guests!   

 

One rep at Airbnb said that Airbnb is legally responsible to pay it, but when will that be, if at all?!  The County tells me it's due by April 30, 2022, and I will be penalized if it's not paid.  If I pay the additional tax, is Airbnb going to reimburse me?  Can't get answers from them.  Is anyone else having this same experience?