Revenue Laws Study Committee November 18, 2014

Similar documents
FREQUENTLY ASKED QUESTIONS

COUNCIL COMMUNITY SAFETY COMMITTEE

Model Legislation for Short-Term Online Rentals. Menu

Overview of Sharing Economy and Short-Term Rentals L E G I S L A T I V E A N A L Y S T S O F F I C E

California Department of Insurance Investigatory Hearing Background White Paper

CHALLENGES FACED BY AIRPORTS TO REGULATE TRANSPORTATION NETWORK COMPANIES (TNC s)

MSTC ADMINISTRATIVE POLICY

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Transportation Network Companies (TNCs)

Transportation Network Companies: Insurance Coverage Challenges and Implications

Federal Trade Commission Sharing Economy Workshop Project No. P New York City Taxi & Limousine Commission Public Comment

Governance & Policies

Overview of Ride-sharing Regulations and Insurance Southeastern Regulators Association Brad Nail, Insurance Policy Manager, Uber.

Transportation Network Companies

CWT ViewPoint: THE SHARING ECONOMY: HERE TO STAY. NOW WHAT? Perspective on industry-shaping developments. October 2015 Americas

Car-Sharing and Ride-Booking

CONFERENCE COMMITTEE REPORT BRIEF HOUSE SUBSTITUTE FOR SENATE BILL NO. 117

ORDINANCE NO. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Friday, March p.m. State Capitol, Room 112, Sacramento Live webcast at

Chapter VACATION RENTALS ARTICLE I. IN GENERAL. (c) The transitory nature of vacation rental tenants presents enforcement issues.

Technical Advisory. TA 314 August 11, 2014

AN ACT REGULATING TRANSPORTATION NETWORK COMPANIES.

TRANSPORTATION NETWORK COMPANIES S.B. 184: SUMMARY OF INTRODUCED BILL IN COMMITTEE

Private For-Hire Transportation Program Recommendations for Taxi Industry Reform September 26, 2012

ADMINISTRATIVE PROCEDURE

Obtaining and Maintaining Minnesota Intrastate For-Hire Operating Authority Minnesota Trucking Regulations

APPLICATION CONTINUES ON THE NEXT PAGE

Legislative. Roundtable Breakfast LONG ISLAND. Friday, March 27, Holiday Inn Westbury. Room: Roosevelt Room. 8:30-10:00 a.m.

STATE OF OKLAHOMA. 2nd Session of the 44th Legislature (1994) AS INTRODUCED An Act relating to innkeepers; enacting the Oklahoma

BISHOP S UNIVERSITY EXPENSE REIMBURSEMENT POLICY. Effective Date: January 1, 2011 Prepared by: Business Office

Travel Expense Guidelines. Manual: Human Resources Approved By: President & C.E.O. Reviewed/Revised Date: Revised Reviewed

The hidden costs of being an Uber driver

EMPLOYEE REIMBURSEMENT, BUSINESS AND TRAVEL EXPENSES AND CONFERENCE EXPENSES ADMINISTRATIVE GUIDELINES

Examples of Private Sector Company Lump Sum Programs

House Substitute for SENATE BILL No. 117

TRANSIENT OCCUPANCY TAX

Commercial Automobile Insurance Manual

THE COOPER UNION POLICIES AND PROCEDURES TRAVEL/ BUSINESS EXPENSES

Taxis and Accessible Services Division: Status of Taxi Industry. San Francisco Municipal Transportation Agency Board Meeting September 16, 2014

1976, adopt a Comprehensive Zoning Ordinance of Ocean Springs, Mississippi, which has

ADMINISTRATION OF HOTEL OCCUPANCY TAX CITY OF SHERMAN I. HOTEL OCCUPANCY TAX REPORTING AND PAYMENT REQUIREMENTS

Expense Types. NTEO Non-Travel Expenses Only. Trip Type Type. Description

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF PENNSYLVANIA

STATUTORY INSTRUMENTS. S.I. No.[ ] of 2014 SMALL PUBLIC SERVICE VEHICLE (CONSOLIDATION AND REFORM) REGULATIONS 2014

RHODE ISLAND DIVISION OF TAXATION EXCERPTS FROM DRAFT REGULATION

Emerging Insurance Issues. Jesse Laslovich, Chief Legal Counsel Mari Kindberg, CSI Rates Bureau Chief Greg Dahl, Deputy Insurance Commissioner

Request for Committee Action

Legal, Regulatory and Insurance Checklist for North Carolina

WELLESLEY COLLEGE TRAVEL POLICIES AND PROCEDURES

Petitioner Airbnb, Inc. ( Airbnb ) respectfully shows as follows: Parties

Ohio Legislative Service Commission

Services Travel and Expense Policy. Services. September 13, 13. Hortonworks, Inc. Travel and Expense Policy v1.0 Page 1 of 15

Expense Reimbursement Policy (FIN-0033) - Revised April 1, 2011

SUBJECT: TRAVEL AND BUSINESS EXPENSE POLICY

BED AND BREAKFAST ESTABLISHMENTS PROVISIONS OF SELECTED MUNICIPALITIES

BOARD OF COMMISSIONERS COUNTY OF YORK COMMONWEALTH OF PENNSYLVANIA ORDINANCE

TRAVEL, MEAL, HOSTING & WORKING SESSION EXPENSES POLICY

General Transitional Rules for the Re-implementation of the Provincial Sales Tax Provincial Sales Tax Act

Commissioner Catherine Sandoval California Public Utilities Commission

COUNTY OF WAYNE RULES AND REGULATIONS

F I L E D :59 PM

State Law in North Carolina affecting Local Codes & Ordinances

Executive Summary. The Review Group Approach to the Review

University Students Council of the University of Western Ontario TRAVEL POLICY

WSB Travel Update Meeting

CPUC Rules and Regulations on Passenger Carriers

How to make Uber work in Hong Kong

(Adopted October 9, 2007)

Travel and Expenses Reimbursement Policy

LOCAL LAW # REGISTRATION OF RENTAL HOUSING

Expense Reports for Reimbursement

Disbursement Services Travel Expense Procedures

This policy applies to the Department of Administration, and covers vehicles operated and owned/leased/rented by the Department of Administration.

COMMENTS ON PROPOSED MODIFICATION TO DECISION from former San Francisco Mayor Willie L. Brown Jr.

Checklist for Starting a Small Business

Proposed Ordinance Changes to allow for Transportation Network Company Operation in the City of Des Moines. Council Workshop December 8, 2014

The New Cottage Industry

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 SESSION LAW SENATE BILL 446

Paragraph (9) of subdivision (a) of section of Title 12 NYCRR is amended to read as follows:

Uberification - the cloud as an agent for digital transformation

UBER FACTS YOU SHOULD KNOW

South Central College. Travel Policy & Procedure

Crimes Related to Sex Offender Registration

Ride-Sharing and the Consequences to Insurance. Shaun Cawley

Part-Time Uber Partner-Drivers Are Fundamentally Different From Existing Taxi Operations

By Irene Morrill, CPCU, CIC, ARM, CRM, CRIS, LIA CPIW Vice President of Technical Affairs

ORDINANCE NO

You will not accrue miles or points if the vendors do not have this information. Please contact each vendor to make any changes.

Lincoln Public Schools Lincoln, Nebraska. Travel. and. Expense Guide. Revised August Travel and Expense Guide, August 2004, Page 1 of 13

Green Bay Metropolitan Sewerage District. Commission Expense Policy

State Travel Management Unit Board of Public Works Subtitle 02 Business Administration Standard Travel Regulations

LENS Program Checklist LENS Check performed by: (FOR OFFICE USE ONLY) Signature. LENS Check Results: (Please check one) ACCEPTABLE (5 or few points)

NEIGHBORHOOD SPENDING IMPACTS

Student Transportation Policies and Procedures

Sample Corporate Travel Policy

INFORMATION NEEDED FOR FILING YOUR APPLICATION TO BECOME A CARRIER

NAIC Summer National Meeting 2014

Travel, Transportation & Mileage Expense Guidelines. Authorized by: Joan Arruda, CEO

Administration Policy

Virtual Taxicab Hold Areas: Are They for Real?

Transcription:

Revenue Laws Study Committee November 18, 2014

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. 2014-108 directed RLSC to study registration requirements, fees, and penalties applicable to for-hire passenger vehicles, including those directed by digital dispatching services.

The Sharing Economy

Access over Ownership Desire for community Facilitates use of underutilized assets Controls labor costs Driven by reputation capital

Reputation Capital

The Disruptors Skirting the system. Funneling off workers Privileges the privileged Shifts risk to workers; wage degradation Not about trust, but desperation

Trina Griffin, Research Division

Home Sharing

Broker Model Guest: 6-12% Host: 3%

What s the Problem? Lack of compliance with tax collection and remittance Exempt from regulations Safety Zoning issues

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

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.

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?

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.

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.

Regulating in the Sharing Economy Permit or prohibit? Registration Time limitations Zoning Inspections Make a distinction between amateurs and professionals

San Francisco Oct. 2014 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

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.

Speakers North Carolina Restaurant Association Lynn Minges, President & CEO Oakwood Bed & Breakfast Doris Jurkiewicz, Owner

Greg Roney, Research Division

Direction to Study Section 9 of House Bill 272, S.L. 2014-108 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

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

Current Law Cities regulate taxis Authority granted by G.S. 160A-304 House Bill 74, S.L. 2013-413, 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. 20-4.01(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

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

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

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