Ulster County NY Collects Occupancy Tax

Kathryn51
Level 2
Ridgewood, NJ

Ulster County NY Collects Occupancy Tax

Can Airbnb faciliate this tax collection for Ulster County?  I see your do so for many other NY areas so hoping this is a slam dunk for you and can be listed separately from other charges.  Thank you.  

31 Replies 31
Dariusz14
Level 2
New York, United States

Hi Sondra, 

I'm also hosting in Kerhonkson and recently received the letter with request to register and taxation. Please add me to the group. 

Beata

Jane725
Level 2
Stone Ridge, NY

I received the letter today as well, following the conversation. If anyone finds out what we can do, please share with all of us. I just left my job of many years so retro paying taxes will be very hard for me at this particular moment. 

HI,
I also received the letter and called the number listed. The tax is 2% and is being collected retro-actively from December 1st 2017 (The first day of the quarter)  You can get more information by calling the Ulster County Department of Finance and ask for Lena Serrano *[Personal information hidden for safety reasons–in line with the Community Center Guidelines - to use the Direct Messaging function here in the Community Center, hover over the post profile photo and click 'Send Message'].

I spoke with a representative from Airbnb, who told me that they are currently collecting 5% room tax on my listing but I really don't think that was accurate.  The woman from Ulster County asked if I could obtain any documentation confirming that, she'd really like to see it.

Frank and Adie

You are missing a ton of information. I have spoken to the county attorney's office and the commissionier of finance, Burt Gulnick. Ulster county has no idea when you started renting as they did not get our names and addresses from airbnb. I know how they got it. We are a group of ulster hosts who are shopping class action attornies. I have a documented conversation with airbnb that clearly states that they are NOT collecting the tax. Ulster county has no agreement in place with airbnb and thus, we hosts cannot collect the tax LEGALLY.

Feel free to email me at *personal information hidden* or call *personal information hidden*

If my contact info is redacted Stone Ridge Cleaning is easily findable to contact me.

Sondra

host in Kerhonkson

****

 

*[Personal information hidden for safety reasons–in line with the Community Center Guidelines - to use the Direct Messaging function here in the Community Center, hover over the post profile photo and click 'Send Message']

Hi Jane

Join the group of Ulster county hosts who are refusing to pay the tax until it is collected LEGALLY, which we cannot do according to the law they state in Letter #1. We are searching for a class action attorney.

Feel free to email me at *pesonal information hidden* or call *personal information hidden*

I have a ton of info to share. Ulster county does NOT have your start date! I found out how they got all of our private info and it WAS NOT from airbnb!

Sondra

Host in Kerhonkson

****

 

*[Personal information hidden for safety reasons–in line with the Community Center Guidelines - to use the Direct Messaging function here in the Community Center, hover over the post profile photo and click 'Send Message']

June94
Level 2
Woodstock, NY

Hi.  I doubt very much AIRBNB is collecting occupancy tax in Ulster.  Look at Airbnb.com/support/topic/264 for counties in NYS where they are not only collecting tax from guest but remitting to counties!!

my hope is that Ulster Cty and Airbnb can make that happen for hosts in Ulster. 

 

Airbnb is not collecting the tax and the county finance guy, Burt Gulnick who I spoke with on the phone recently says he has no plan to enter into an agreement. I have a ton of info to share and am searching for a class action attorney to aid us.

Feel free to email me, *personal information hidden* to be added to the group of hosts who are sharing info.

Or call me *personal information hidden*

We are refusing to pay the tax until it can be collected LEGALLY which hosts in Ulster cannot do according to the law they stated in Letter #1!

Sondra

host in Kerhonkson

****

 

*[Personal information hidden for safety reasons–in line with the Community Center Guidelines - to use the Direct Messaging function here in the Community Center, hover over the post profile photo and click 'Send Message']

June94
Level 2
Woodstock, NY

Hi again.  Re: Airbnb call center they are pretty out of it.  I called cause someone fell out of a hammock they tightened and I wanted to know if I was liable.  Instead of saying “Host protection insurance” is provided to all hosts, the guy wanted to open a case!

 

Sorry i’m On a roll here.  County also wants name and address of guests. We have to get that info from guests.  Not happy with this. 

I am in conversation with a lawyer regarding these issues.

Want in?

contact

****

I host in Kerhonkson

 

*[Personal information hidden for safety reasons – in line with the Community Center Guidelines. To send a direct message here in the Community Center, hover over the post profile photo and click 'Send Message']

 

Jane725
Level 2
Stone Ridge, NY

Here is the link to guide you to tax collection. As was stated in our letters, Ulster County will not allow ABB to collect and remit taxes on our behalf like other counties do nor do they want to. 

https://www.airbnb.com/help/article/654/what-is-occupancy-tax--do-i-need-to-collect-or-pay-it 

I consulted an attorney today and he is sending me to a lawyer who knows more about these things. I think it might be illegal to collect this tax until airbnb has a relationship with Ulster county and collects and passes on the occupancy tax. Want info?

contact

****

 

*[Personal information hidden for safety reasons – in line with the Community Center Guidelines. To send a direct message here in the Community Center, hover over the post profile photo and click 'Send Message']

Sondra13
Level 2
Kerhonkson, NY

Att: Ulster county, NY hosts!

I am consulting with an attorney as I believe it is illegal for us to collect this tax unless airbnb collects it and passes it on. Anyone want in? We can share legal expense.

contact  

****

 

*[Personal information hidden for safety reasons – in line with the Community Center Guidelines. To send a direct message here in the Community Center, hover over the post profile photo and click 'Send Message']

Sondra13
Level 2
Kerhonkson, NY

To all Ulster county hosts: RE: Occupancy Tax

I have written a letter to the Ulster county attorney and the Commissioner of Finance. Posted here in it's entirety. Feel free to use it as is or write your own letter and mail to a copy to each of them to: Ulster County, 244 Fair Street, Kingston, NY 12402

 

May 2, 2019

 

Att: Mr. Burton Gulnick, Jr. Commissioner of Finance

Att: Mr. Mark Longtoe, Ulster County Attorney

 

Re: Ulster County Occupancy Tax

 

Gentlemen,

 

Regarding your letters of August 16, 2018, December 6, 2018, and April 2, 2019 please be advised that I will not be intimidated, harassed, or threatened by you for not paying your room occupancy tax.

 

Please note that this tax is levied upon the consumer, (guest, in this case), and NOT the service provider, (host in this case). As you may not be aware, Airbnb hosts never handle money or clear credit cards. The Airbnb platform handles all money in the case of short term rentals. Therefore, it is impossible for hosts to comply with Local Law #5 of 1991 Sec. 302A which clearly states, “The tax to be collected shall be stated and charged separately from the rent and shown separately on any record thereof.”

 

Airbnb hosts are law abiding citizens and we will not break your laws. Nor will we pay a tax which is not ours out of our pockets. What you are demanding we do is illegal by your own law, since we never see money and have no legal vehicle by which we can collect this tax. The proper way for you to collect the occupancy tax is to enter in an agreement with Airbnb whereby they will collect the tax and pass it on to Ulster county. Dutchess, Orange, and Sullivan counties have entered into said agreement and are apparently happily receiving the occupancy tax due them.

 

Airbnb hosts in Ulster county do not question the right of the county to collect the tax-we are residents of this county and have a vested interest in seeing the county be financially strong. Airbnb hosts are greatly contributing to the economic health of our county and should be thanked for the business we bring here and not treated like public enemy #1.

 

In a recent phone conversation my friend Dagny had with Mr. Gulnick regarding this issue of entering into agreement with Airbnb, when asked why he just didn't do it he said, and I quote,”Never gonna happen.”

Why would it never happen? “Because Airbnb wants to send one lump check.” So, because the county's bookkeeping software can't reconcile

one check with individual hosts he says it's never gonna happen? Perhaps he should call his counterparts in Dutchess, Orange, and Sullivan and see how they are handling this since they very likely have the same or similar software. And, of course he would be able to reconcile the books because you would also have the quarterly forms I assume hosts would still be asked to fill out.

 

Class Action Law firms are now calling me regarding the possibly illegal manner in which you located possible hosts. It is recognized that our right to privacy, safety, and security have now been compromised by the county.

Airbnb, we know, did not give up our names and addresses. NYC sued for that same information and lost.

So, not only are you demanding I break your law, you have also compromised my personal safety-something I do not take lightly.

 

I have enclosed the registration form, but I will not give you my SS number as my personal security has already been compromised. I am not stating that I have done any business as yet, simply that I have a listing.

 

I demand that you cease and desist from threatening to 'turn my name and address over to the county attorney', and threatening me with monetary fines.

 

I will not break your law in order to save the county from it's financial problems. Enter into an agreement with Airbnb and you will collect all the tax you are due.

 

Sincerely,

Sondra 

I think it would be great if they heard from all of us!

 

 

If your county does not have a process and agreement for occupancy tax collection, then AirBnB does not collect this tax from the payments by guests, thus the host is responsible for collecting and paying the tax (usually by pricing it into the listing and managing your own accounting of this tax liability). 

I don't see a case here.