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!