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353703 Views 1,450 Replies Latest reply: Jan 13, 2014 6:49 PM by grace300 RSS Go to original post 1 ... 82 83 84 85 86 ... 97 Previous Next
  • Contributor 175 posts since
    Feb 22, 2012
    Currently Being Moderated
    1,245. Apr 17, 2012 4:57 PM (in response to dgw)
    Re: Hawaii Trying to Kill VRBO

    I think folks are doing their taxes

  • kbr402 Contributor 28 posts since
    Jul 25, 2011
    Currently Being Moderated
    1,246. Apr 17, 2012 6:31 PM (in response to blackburied)
    Re: Hawaii Trying to Kill VRBO

    Here is something fun for you to do while we wait:

     

    http://mauinow.com/2012/04/16/poll-vacation-rental-bills-why/?1

  • kbr402 Contributor 28 posts since
    Jul 25, 2011
  • rjwnn Contributor 46 posts since
    Feb 23, 2012
    Currently Being Moderated
    1,248. Apr 18, 2012 8:52 PM (in response to dgw)
    Re: Hawaii Trying to Kill VRBO

    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!

  • New Member 14 posts since
    Apr 2, 2012
    Currently Being Moderated
    1,249. Apr 19, 2012 10:27 AM (in response to rjwnn)
    Re: Hawaii Trying to Kill VRBO

    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.

  • kristin.r Contributor 116 posts since
    Jun 1, 2011
    Currently Being Moderated
    1,250. Apr 19, 2012 10:03 AM (in response to off-islander)
    Re: Hawaii Trying to Kill VRBO

    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

  • Contributor 34 posts since
    Feb 19, 2012
    Currently Being Moderated
    1,251. Apr 19, 2012 10:07 AM (in response to off-islander)
    Re: Hawaii Trying to Kill VRBO

    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

    created by off-islander in Listings - View the full discussion

    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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  • New Member 14 posts since
    Apr 2, 2012
    Currently Being Moderated
    1,252. Apr 19, 2012 10:37 AM (in response to kristin.r)
    Re: Hawaii Trying to Kill VRBO

    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.

  • Contributor 39 posts since
    Feb 21, 2012
    Currently Being Moderated
    1,253. Apr 19, 2012 10:41 AM (in response to off-islander)
    Re: Hawaii Trying to Kill VRBO

    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.

     

  • jwe Contributor 284 posts since
    Feb 18, 2012
    Currently Being Moderated
    1,254. Apr 19, 2012 10:46 AM (in response to off-islander)
    Re: Hawaii Trying to Kill VRBO

    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.

  • Contributor 175 posts since
    Feb 22, 2012
    Currently Being Moderated
    1,255. Apr 19, 2012 10:58 AM (in response to rjwnn)
    Re: Hawaii Trying to Kill VRBO

    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:

     

    PhoneFaxNameemail
    808-586-6160808-586-6161Representative McKelvey Angus L.K. (D)repmckelvey@capitol.hawaii.gov
    808-586-6210808-586-6211Representative Keith-Agaran Gilbert S.C. (D)repkeithagaran@capitol.hawaii.gov
    808-586-8475808-586-8479Representative Choy Isaac W. (D)repchoy@capitol.hawaii.gov
    808-586-6310808-586-6311Representative Marumoto Barbara C. (R)repmarumoto@capitol.hawaii.gov
    808-586-6890808-586-6899Senator Fukunaga Carol  (D)senfukunaga@capitol.hawaii.gov
    808-586-6230808-586-6231Senator Ige David Y. (D)sendige@capitol.hawaii.gov
    808-586-8420808-586-8426Senator 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.

  • New Member 14 posts since
    Apr 2, 2012
    Currently Being Moderated
    1,256. Apr 19, 2012 11:51 AM (in response to blackburied)
    Re: Hawaii Trying to Kill VRBO

    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). 

  • Contributor 175 posts since
    Feb 22, 2012
    Currently Being Moderated
    1,257. Apr 19, 2012 10:21 PM (in response to blackburied)
    Re: Hawaii Trying to Kill VRBO

    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

  • Contributor 39 posts since
    Feb 21, 2012
    Currently Being Moderated
    1,258. Apr 20, 2012 12:45 AM (in response to blackburied)
    Re: Hawaii Trying to Kill VRBO

    @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.

  • Contributor 39 posts since
    Feb 21, 2012
    Currently Being Moderated
    1,259. Apr 20, 2012 1:18 AM (in response to jwe)
    Re: Hawaii Trying to Kill VRBO

     

    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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