Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What Does Assembly Bill No 4587 Mean For Airbnb?

Author: Donald M. Pepe

Date: June 29, 2017

Key Contacts

Back

NJ Assembly Passes Bill No 4587 to Tax Short-Term Rentals

The New Jersey Assembly recently passed legislation that would impose taxes on “transient space marketplaces” like Airbnb. The bill, Assembly Bill No 4587, now heads to the state Senate.

What Does Assembly Bill No 4587 Mean for Airbnb?
Photo courtesy of Stocksnap.io

According to Airbnb, approximately 6,000 New Jersey “hosts” earned more than $50 million last year.  Nonetheless, an increasing number of New Jersey municipalities are placing restrictions on short-term home rentals. They include Palisades Park, Englewood Cliffs, Fort Lee, Lyndhurst and Glen Rock. Other cities, including Newark and Jersey City, have negotiated agreements directly with Airbnb to collect a six (6%) percent tax.

Under current law, New Jersey imposes the sales and use tax and the hotel and motel occupancy fee on the rent for each hotel room.  In addition, current law authorizes municipalities to impose various taxes and fees on the rent for each hotel room in those municipalities. 

AB 4587 would extend the state sales and use tax and hotel and motel occupancy fee to transient accommodations. A transient accommodation is defined in the bill as a “room, group of rooms, or other living or sleeping space for the lodging of occupants, including but not limited to residences or buildings used as residences.”

The proposed legislation also authorizes municipalities to impose the following taxes and fees on transient accommodations where applicable:

  • Hotel Occupancy Tax
  • Atlantic City Luxury Tax
  • Atlantic City Promotion Fee
  • Cape May County Tourism Sales Tax
  • Cape May County Tourism Assessment
  • Municipal Occupancy Tax
  • Sports and Entertainment Facility Tax
  • Meadowlands Regional Hotel Use Assessment

“Our laws need to be updated to keep up with changes brought about by new technology,” the bill sponsor, Assemblywomen Annette Quijano, said in a statement. “The fact that taxes are not paid for stays at locations rented through sites like Airbnb, but are applied to stays in hotels is an unfair advantage that hurts the hospitality industry and takes funding away from municipalities for important programs. This bill levels the playing field and provides tax fairness for the entire hospitality industry in New Jersey.”

Lawmakers are also considering additional legislation to regulate short-term rentals. Among other provisions, Assembly Bill No. 4441 would codify that municipalities are authorized to ban short-term home rentals by requiring a minimum 30-day rental agreement and would require hosts to first register with their municipality.

For more information about the proposed bill to tax transient accommodations or the legal issues involved, we encourage you to contact a member of Scarinci Hollenbeck’s Government Law Group.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"
How to Protect Your New Jersey Business When Going through a Divorce post image

How to Protect Your New Jersey Business When Going through a Divorce

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]

Author: Jay McDaniel

Link to post with title - "How to Protect Your New Jersey Business When Going through a Divorce"
10 Common Issues in Franchise Disputes post image

10 Common Issues in Franchise Disputes

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]

Author: Paul Grossman

Link to post with title - "10 Common Issues in Franchise Disputes"
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!