Revenue Laws Study Committee November 18, 2014
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1 Revenue Laws Study Committee November 18, 2014
2 What & Why Short-Term Rentals The NC Restaurant & Lodging Association asked RLSC to study regulatory and tax issues associated with growth of peerto-peer short-term rentals. Digital Dispatch Services S.L directed RLSC to study registration requirements, fees, and penalties applicable to for-hire passenger vehicles, including those directed by digital dispatching services.
3 The Sharing Economy
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6 Access over Ownership Desire for community Facilitates use of underutilized assets Controls labor costs Driven by reputation capital
7 Reputation Capital
8 The Disruptors Skirting the system. Funneling off workers Privileges the privileged Shifts risk to workers; wage degradation Not about trust, but desperation
9 Trina Griffin, Research Division
10 Home Sharing
11 Broker Model Guest: 6-12% Host: 3%
12 What s the Problem? Lack of compliance with tax collection and remittance Exempt from regulations Safety Zoning issues
13 Lodging Facilities Hotel, motel, residence, cottage, or similar lodging facility Bed and breakfast home Business in a private home that is permanent residence of owner/manager Up to 8 rooms offered for < one week Serves a meal(s) only to overnight guests & price is included in room rate Bed and breakfast inn Not more than 12 rooms; serves 9-23 guests Serves only breakfast
14 Current Law: Tax Rental of accommodation is subject to State and local sales tax and occupancy tax. Exemption for >90 days or private residence <15 days (if no real estate agent) Provider of accommodation or rental agent = retailer Facilitators must report and send to retailer portion of sales price owed and tax due.
15 Taxing in the Sharing Economy Who should collect? Homeowner? Internet platform? Should occupancy tax be collected at State level to simplify remittance? Are there legal restrictions to requiring transaction brokers to collect? What about subscriptionbased sites that do not collect rental fee?
16 Current Law: Regulations Must obtain permit - $120 fee Subject to Public Health Commission rules re: sanitation Required to have hard-wired carbon monoxide detectors. Subject to inspection. Less restrictive rules for B&Bs. Exemption for establishments with 4 or fewer lodging units and private homes that occasionally offer lodging.
17 Regulating in the Sharing Economy Benefits of Industry Promotes tourism. Generates revenue for community. Economically efficient use of asset. Source of income; defrays cost of home or second home. Why restrict? Unfair competition with licensed establishments. Increased noise and traffic. Reduced housing stock available to those who live and work in a community.
18 Regulating in the Sharing Economy Permit or prohibit? Registration Time limitations Zoning Inspections Make a distinction between amateurs and professionals
19 San Francisco Oct City enacted ordinance to legalize short-term rentals Entire home rentals limited to 90 days/yr. unless host is present, register with city, collect taxes, and carry liability insurance Airbnb agreed to collect taxes beginning Oct. 1 HomeAway has filed suit alleging ordinance violates Commerce Clause
20 New York City 2010 law: No shortterm rentals in apartment buildings; residents may rent for less than 30 days if present during stay and may rent single-family homes regardless of presence AG report found 72% of Airbnb rentals in NYC illegal; a single commercial user made $6.8 M in less than five years.
21 Speakers North Carolina Restaurant Association Lynn Minges, President & CEO Oakwood Bed & Breakfast Doris Jurkiewicz, Owner
22 Greg Roney, Research Division
23 Direction to Study Section 9 of House Bill 272, S.L directed the Revenue Laws Study Committee to: study the registration requirements, fees, and penalties applicable to for hire passenger vehicles, including for hire passenger vehicles directed by digital dispatching services. Digital Dispatching Services Term appears in General Statutes Not defined Understood to refer to services like Uber, Lyft, Sidecar
24 Digital Dispatching Services Uber and Lyft currently operating in NC National companies Recruit drivers Full-time or part-time Drivers operate their own passenger cars Independent contractors Customers download an app to smartphone Enter credit card to establish an account Request pickup on app using GPS Cashless transactions Charges based on fees, distance, and time Surge pricing during high-demand times
25 Current Law Cities regulate taxis Authority granted by G.S. 160A-304 House Bill 74, S.L , Regulatory Reform Act of 2013, add an exclusion for digital dispatching services State sets license plate and insurance requirements for taxis and limousines G.S (27)(b) defines For hire passenger vehicles as Vehicles transporting persons for compensation For hire vehicles have special license plates and must carry $1.5 million of 24/7 liability insurance
26 Transportation Network Companies (TNC) TNC have a new business model Vehicles not solely devoted to commercial operation Concept of switching between commercial operation and private operation Drivers decide when to work and turn on app Example: Graduate student drives for UberX for 5 hours a week Current law Based on vehicles dedicated to commercial use Requires 24/7 commercial insurance coverage Example: Taxi with trade dress, fare meter, and roof light
27 Major Issues Safety Background checks for drivers Car inspections Fares Licenses to operate companies Licenses to drive taxis License plates Insurance Insurance for private passenger cars excludes commercial use Uber and Lyft voluntarily provide some insurance Terms of Service
28 Summary Taxi Limousine TNC Example TaxiTaxi White Horse UberX, Lyft Service On-demand, flag down, taxi stands, prearranged Prearranged Prearranged through smartphone app License plate Taxi For Hire Operating with private passenger plates Insurance Minimum $1.5 million Minimum $1.5 million Voluntarily providing primary insurance after match and while passenger or in car Safety regulations By city By city None/State passenger car Fares Maximum set by city; little competition Negotiated Set by TNC; surge pricing; competitive
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