2 Replies Latest reply: Jan 25, 2019 5:28 AM by feibus RSS

    San Diego - Who pays TOT, Prop Manager or Owner.?

    rjstroebel New Member

      Hello all,

       

      Reaching out to San Diego or Cali VR managers for our city specific tax info.

       

      I own 2 Beach VR's and manage myself.

      I have a friend who owns Ocean Front home and asked me to manage it for him.

      I'm not really looking to manage others VR's but he's been burned badly by Vacasa..So.....my question's are;

       

      - Regarding the collection of and submittal of TOT to the city of San Diego, Am I  (Prop Mgr) legally responsible ( San Diego only please...) to forward the TOT to the city or can I just include it in the Owners monthly payment and tell him the amount and that he has to send it to the city.?

       

      Kind Regards,

        • Re: San Diego - Who pays TOT, Prop Manager or Owner.?
          green_mango Active Contributor

          As far as TOT, I am not in San Diego so I won't guess an answer for that part of your question.  If SD is anything like my area, they don't care *who* pays it, so long as it is paid.  Legally, if you collect and then no one remits you're in deep doo doo, so I'd definitely make sure your friend passes it along

          • Re: San Diego - Who pays TOT, Prop Manager or Owner.?
            feibus CommunityAmbassador

            What's missing from your question is: what does "manage" include for your friend's place?


            From the law for TOT:

            “Operator” means the Person who is the proprietor of the Hotel, Recreational Vehicle Park, or Campground, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. “Operator” includes a managing agent, a resident manager, or a resident agent, of any type or character, other than an employee without management responsibility.

            Generally speaking, the Operator is going to be the person who collects the money and makes the decisions about who to rent to.

             

            I have managers whose sole responsibility for the guest is to handle anything bad that happens during their stay, they don't collect money, so they aren't the "operator", that title would stay with me still.