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I think folks are doing their taxes ![]()
Here is something fun for you to do while we wait:
http://mauinow.com/2012/04/16/poll-vacation-rental-bills-why/?1
And some more fun reading:
http://www.civilbeat.com/posts/2012/03/19/15263-lawmaking-101-hawaii-style/
We spoke with office staff for 4 House Representatives: Cabanilla, Herkes, Brower, McKelvey and 1 House Senator: Slom earlier this week. The term that all of them used to describe the Senate amendments to HB 2078 HD2 SD2 and House amendments to SB 2947 SD2 HD2 is "gut and replace". The conference committees, with members from the Senate and the House, will meet over the next week to find common ground, make further changes or decide to allow the Bills to "die" in committee.
While the deadline for submitting official testimony has passed, nothing prevents us from sending letters via FAX to the conferees (members) of all three committees ASAP. The conferees (committee members) from the House and Senate are still being determined for HB 2078 HD2 SD2. The only committee meeting scheduled so far is for SB 2947 SD2 HD2.
The status of the 3 conference committees, including the names of the conferees, is as follows:
HB 1706 HD1 SD1 - House disagreed with Senate amendments
House Conferees: Cabinilla (Co-Chair), Herkes (Co-Chair), Ito, Pine
Senate Conferees: Baker (Chair), Nishihara, Taniguchi
Meeting Date: TO BE DETERMINED
HB 2078 HD2 SD2 - House disagreed with Senate amendments
House Conferees: Brower (Co-Chair), Herkes (Co-Chair), Tokioka (Co-Chair), Nishimoto, Tsuji, Ching
Senate Conferees: TO BE DETERMINED
Meeting Date: TO BE DETERMINED
SB 2947 SD2 HD2 - Senate disagreed with House amendments
House Conferees: McKelvey (Co-Chair), Keith-Agaran (Co-Chair), Choy (Co-Chair), Marumoto
Senate Conferees: Fukunaga (Co-Chair), Ige (Co-Chair), Slom
Meeting Date: Thursday, April 19 at 230 pm
We will be faxing letters to the conferee members for each of the bills.
Anything can happen before May 3rd!
Something else to consider:
On the tax ID on website issue (a requirement of SB2947 and other bills), I noticed that Aston objected because of the work involved as did Exclusive Gateways with Exclusive Gateways looking for an exception for property managed properties (with 10 or more properties). Of course, if PMs are given an exception, that would be discriminatory.
But, to throw another spanner in the works... If an important goal of the legislation is proper tax compliance, property managed properties should not be held to a lower standard than owner-managed properties as far as reporting revenue, calculating and paying taxes.
Many property-management companies prepare TA and GE taxes for owners. Some of them base these calculations on average revenues for a period. Not only is this system ripe for corruption. (How does the DoT know what the company really took in?) It also means that individual owners using these companies to do their tax calculations are not individually paying precisely what they owe (only an average for all owners) and could be liable for underpayment (with penalties) or alternatively could be due refunds from the DoT. This could pose a nightmare for the property management companies, individual owners, as well as the DoT. But in fairness, it would seem that the the property management agents preparing taxes and the owners who use them should not be held to a lesser standard than other owners as far as precise reporting for each tax ID. Something the lawyer could potentially add in his brief.
Offislander,
How do you know that the property managers base calculations on averages? How do you know that they are not precise with reporting taxes for the owners? I am curious about your statement.
Kristin
This just in...
HB 1706 no longer addresses vacation rental matters. It addresses condominium meeting requirements and it is doubtful that the bill will go to conference. So that measure is likely dead for this session.
Regards, Roz Baker
Senator Rosalyn H. Baker
Chair, Senate Committee on Commerce and Consumer Protection
5th District -- South and West Maui
Seek Advice. Get Answers. Optimize your Vacation Rental Business.
Re: Hawaii Trying to Kill VRBO
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Something else to consider:
On the tax ID on website issue (a requirement of SB2947 and other bills), I noticed that Aston objected because of the work involved as did Exclusive Gateways with Exclusive Gateways looking for an exception for property managed properties (with 10 or more properties). Of course, if PMs are given an exception, that would be discriminatory.
But, to throw another spanner in the works... If an important goal of the legislation is proper tax compliance, property managed properties should not be held to a lower standard than owner-managed properties as far as reporting revenue calculating and paying taxes.
Many property-management companies prepare TA and GE taxes for owners. Often they base these calculations on average revenues for a period. Not only is this system ripe for corruption. (How does the DoT know what the company really took in?) It also means that individual owners using these companies to do their tax calculations are not individually paying precisely what they owe (only an average for all owners) and could be liable for underpayment (with penalties) or alternatively could be due refunds from the DoT. This could pose a nightmare for the property management companies, individual owners, as well as the DoT. But in fairness, it would seem that the the property management agents preparing taxes and the owners who use them should not be held to a lesser standard than other owners as far as precise reporting for each tax ID. Something the lawyer could potentially add in his brief.
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Kristin, we used a well-known and respected property management company for decades. This company manages many properties on the islands. The policy was to rotate guests so that every condo got approximately the same number of rental days each month and each owner received a monthly average (calculated separately for studios, 1-bedrooms and 2-bedrooms) in terms of revenue. We had two one-bedroom condos and the revenue and the taxes calculated by the company were exactly the same each month for years and years for each of the two condos. Most owners accepted this practice, but some complained that since their condos were nicer and guests often "upgraded" to a better condo, these condos had more occupancy. This meant that some owners were not receiving as much revenue as they thought they should. But it also meant that they were not paying precisely the taxes they should have paid based on what the company actually received for their unique condos.
I am glad I don't work with a PM program like off-islander worked with. If my
unit was rented out more because it was nicer I would want all that revenue to
go to me and then pay my fair share of the taxes.
I think the tax allocation comes out ok using that method since it
apportions the taxes based on revenue. And the State gets its fair share.
However, the basic unfairness is that there is little incentive to y improve
your property - and in fact it works against those who do improve their
property since theirs gets more use but no more revenue. We tried that
system for a few months when we first bought our condo 20+ years ago.. It
works ok if you do not take much personal pride in your property and are
willing to give up control and revenue.
rjwnn wrote:
SB 2947 SD2 HD2 - Senate disagreed with House amendments
House Conferees: McKelvey (Co-Chair), Keith-Agaran (Co-Chair), Choy (Co-Chair), Marumoto
Senate Conferees: Fukunaga (Co-Chair), Ige (Co-Chair), Slom
Meeting Date: Thursday, April 19 at 230 pm
I think what we're disagreeing with here is that off-island owners need to post a local agent's name on all advertising, bolded below:
The website address to a website containing the operator or plan manager's registration identification number shall be displayed conspicuously in all advertisements and solicitations and on all operator- or plan manager-maintained websites regarding transient accommodations for which the registration is issued, unless ten or fewer registration identification numbers are to be listed, in which case the registration identification number shall be displayed conspicuously directly on the advertisement, solicitation, or website; provided that if the operator resides out-of-state or on another island from where the transient accommodations are located, contact information of an agent who resides on the island on which the transient accommodations are located shall be included."
So we need to contact these folks today:
| Phone | Fax | Name | |
| 808-586-6160 | 808-586-6161 | Representative McKelvey Angus L.K. (D) | repmckelvey@capitol.hawaii.gov |
| 808-586-6210 | 808-586-6211 | Representative Keith-Agaran Gilbert S.C. (D) | repkeithagaran@capitol.hawaii.gov |
| 808-586-8475 | 808-586-8479 | Representative Choy Isaac W. (D) | repchoy@capitol.hawaii.gov |
| 808-586-6310 | 808-586-6311 | Representative Marumoto Barbara C. (R) | repmarumoto@capitol.hawaii.gov |
| 808-586-6890 | 808-586-6899 | Senator Fukunaga Carol (D) | senfukunaga@capitol.hawaii.gov |
| 808-586-6230 | 808-586-6231 | Senator Ige David Y. (D) | sendige@capitol.hawaii.gov |
| 808-586-8420 | 808-586-8426 | Senator Slom Sam (R) | senslom@capitol.hawaii.gov |
... Maybe tell them that "agent" wording is one step away from defining "agent" as a licensed real-estate agent, and thus taking away our right to manage our own property.
Other wording here is also problematic. The new wording appears to exempt property managers from displaying registration numbers except their own. Doesn't this raise new issues of discriminatory treatment, not to mention transparency? Owners who operate their own condos would constitute one class (required to display their registration IDs) while owners who choose to use a property manager would now contitute a different class (be exempted from having their registration IDS on websites for the world to see).
Conference committee meeting to reconvene on 04-25-12 1:00PM in conference room 423.http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2947
@kapohocat: Is this what we have to look forward to with our PM if this
unbelievable bill passes!! God forbid that anyone should have to live with this
kind of service as we all know the owners are more on top of it than this PM!!
Legislators I hope you are taking note.
So if you are in a rental pool and your place gets rented more because it is
nicer than the rest and you don't get more revenue I am still wondering how this
can be good. I would assume that the places that rent more have higher utility
bills but it doens't sound like you get more revenue!! Not to mention they get
more wear and tear and more things lost, misplaced, or stolen. Oh well. I will
never be in that situation thank God.
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