Some news on how Airbnb will now have to enforce existing AMSTERDAM regulations

[Andrea9]

Not only the media this morning have been reporting this, but also a promt email and link from Airbnb.

The city regulations have not been changed at all. There has always (last few decades anyway) been a strict cap of 60 days (vacation renting) on whole apartments.

Or no cap on renting a room or space that is less than 40% or your own (condo) apartment for any amount of days.

Plus in both cases no more than 4 guests are allowed simultaneously in a rental.

That has been and still is what is legal in the city.

But of course it's been the Wild, Wild West here with innumerable listings for more than 4 guests and non-registered apartments (with the city) rented all year round. Too many hosts and "illegal hotels" undermining regulations and causing huge local disputes in which Airbnb is the scapegoat for everything and anything you can think of.

After all this pressure from the public the city has made an agreement with Airbnb that the max. 60-day cap shall be enforced by the site.
However, this regulation does not apply to official B&Bs and those hosts renting a room or less than 40% of their home with no cap on days per year.

The media says the cap on a max of 4 guests at any given time will also be enforced, though this is not yet reflected in the Airbnb info.

The media also states that hosts of rooms will have to prove they are registered with the city and allowed to rent, but the Airbnb info doesn't reflect this yet either.
As with the 4 guest max. it's to be expected at some point.

What a relief for all hosts who have been adhering to the rules but being blamed by citizens for causing the "Airbnb disruption". The city regulations haven't been changed at all, but hosts disregarding what's legal, whether by accident or wilfully shall now be under more pressure.

The next step planned in the issue is that the city of Amsterdam seems to plan tackling all the other rental platforms the same way.

Since the city is not cracking down on the existing and fair laws themselves but on Airbnb's enabling the ads and thus on those hosts misusing the system, this is so much stronger than suddenly cutting citizens' rights.

[Sandra126]

Thank you for clarifying, have been reading the news this morning. Yours puts it in a different light, and makes it non-news really. Always there, just brought into the light now. Thanks.

[Zandra0]

This is no different from the situation in London.  It's always been the law to list no more than 90 days but of course the Wild West also existed in London.  

A lot of hosts saying : OMG we need support as if it is somehow new legislation 😞

[Linda108]

@Andrea9 and @Zandra0  I attended the LA Open and enjoyed the Q&A with the founders the most.  To me it was clear the founders were well aware about the various levels of rumbling dissatisfaction from individual hosts to cities.  One commitment they voiced was to partner with cities around the world to participate in a city's housing plan, not undermine it.  I am please that Amsterdam has a good vision and Air BNB can support the rule abiding hosts while identifying those that choose to benefit outside the City rules.

[Zandra0]

@Linda108 Was at Open too! (Sorry we missed each other).  Agree the clear message was that Airbnb no longer wanted to operate in a grey area. 

I happened to speak to a member of staff who said they were very much focused on the sharing economy rather than massive property portfolios on Airbnb. 

I applaud the changes 🙂 

[Andrea9]

@Linda108 @Zandra0

Good to hear that some of the original spirit of hosting still seems to be alive @ Airbnb even if it doesn't always seem like it at the outer borders!

And interesting also to hear that the 90 days in Londen have also been in existence before. I hadn't known that, and the two articles I've seen this afternoon about this make it seem as if it has been newly introduced. Puts a whole new perspective on things.

This now of course makes me wonder about the 60 day cap in San Francisco. Everything I read also makes it sound like a brandd new ruling and not a pre-existing one.

[Zandra0]

The 90 day ruling came into force over a year  ago.  Before then ALL Airbnb's were illegal due to planning permission laws. What's clear is that people were not aware of it and yet bizarrely people were aware of the tax free allowance for Airbnb earnings. 

I don't know if it's selective hearing or if some things are reported more in the news ... but I've been aware of the 90 day rule for almost my whole hosting career. 

[Angie43]

While I agree with Andrea and applause the whole principle behind the changes I don't agree with some of you that that it is 'no news'. A major change is that AirBnB is in fact implementing local law. Nice and easy for the local governments but a strange shift of power nonetheless.

That aside I also wish AirBnB would only implement these changes once everything is properly put into place for a smooth transition for ALL parties. Those of us who foresaw issues way before the changes actually took place were not listened to. And we now have to deal with the mess.

One of the issues in Amsterdam - which I'm sure will not be unique to our city - is that AirBnB has limited the amount of bookable nights to 60 for ALL 'entire home' listings as of January 1st 2017, regardless of their unique status or individual situation, no exceptions.  

For those of us like myself and my friends, that actually live in our 'entire home' listings permanently - the ones that comply with all the local rules and regulations, have always been registered, and may legally be rented out the entire year, like ships for example -  it is frustrating. Our listings are NOT represented by the definition 'private room', they are indepandant and fully equipped mini-homes in, on, or on top of our own homes. As Andrea has described, exceptions to the 60 day rule exist and will be catered to ...eventually...but nobody has a clue as to WHEN, or HOW to stop the 60 day timer without having to redefine their listing as a 'private room' as a workaround, which would simply be misleading to guests. It's not much of a drama for us as we were almost fully booked for 2017 before the 60-day-countdown began, but for those around me who are fully legal and could use the bookings it's a mess.

AirBnB is not answering questions as to when and where hosts get to prove that their 'entire home' listings do not fall under the imposed 60 day limitations. These questions were posed to AirBnB well in advance 2017 but nothing has been put into place by either AirBnB or the local authorities to deal with the situation. The local authorities point to AirBnB and the AirBnB site points to Amsterdam for solutions. As as Andrea has pointed out the information from both parties is minimal or non-existant. Suggestions from Amsterdam hosts that AirBnB provide a new category like 'independant studio' which will fill the gap between 'private room' and 'entire home' but not necessarily be subject to a 60-day limitation, have not been responded to either. 

I'm having a hard time believing that a growing company like AirBnB is going to implement personal 'made-to-measure' solutions for each individual 'entire home' listing, and I suspect this realisation is the reason for their silence so far, but I hope they prove me wrong!

In short, if your city may be getting set to follow the Amsterdam example - check in advance with all parties what they have set in place.

[Elizabeth351]

Hello, can you tell me how Airbnb tallies these days? Is it as a person books or when they actually stay? In other words, if I were to book two weeks in October would that count as part of the 60 days since I booked first or would it mean that other reservations would be counted first since they come first, say May or June. I'm hoping it counts as you book otherwise people who want dates later in the year are screwed. 

[Cary13]

@Andrea9 Hi, we are just now researching hosting a part of our home as an AirBnB.  This info was very helpful, but I still have some questions. 

We live in Duivendrecht, not technically part of Amsterdam, and we are trying to determine what our tax obligation will be.  We see that AirBnB will collect and pay Occupancy Tax, but what about other tax issues?  Are there others such as VAT?  If so, do we collect the VAT?  If so, do we pay it quarterly like a freelancer would?    

On that point - Would we be considered freelance? 

Additionally, how is the pay we receive income taxed? 

Anyway, I'd love to hear from you.  Thank you!  

[Andrea9]

@Cary0 Hi, Airbnb only collects the so-called Toeristen belasting. I'm far from versed in taxes, though from forum and host meeting questions I can say this much: For your own personal situation you will need to consult a tax specialist. They will be able to tell you how you will be income taxed with regards to your other income - salaried, freelance or however you generate it. That then logically depends on how much of your Airbnb revenue will be taken in taxes. Whether or not you are required to pay VAT depends on whether you reach the minimum payable tax amount. Once you rise above it you'll be regarded as 'bedrijf' (KvK registration required). I for ex. with my single room never even come close to reaching this tax ceiling. Hope this helps.