13 Replies Latest reply: Feb 11, 2020 9:45 AM by feibus RSS

    Action Needed: Puerto Rico Owners

    homeaway_community_manager HomeAway Employee

      This email was sent to all affected partners on 2/18/19. Thank you.




      Displaying a Tax Identification Number in Puerto Rico is now required by March 31, 2019, to avoid deactivation.

      Dear Erinn,

      Puerto Rico law requires a Tax Identification Number to be displayed on all short-term rental listings. To avoid being deactivated on our sites, please add your number to your dashboard as soon as possible.

      If you do have a Tax Identification Number, here’s how to add it (last six-digits only):

      1. CLICK HERE > to access your dashboard.
      2. Below the description field, click on “Visit registration page.”
      3. Complete the required steps.
      If you do not currently have a Tax Identification Number, please access the form below.

      Again, please remember to add the last six digits of your Tax ID to your listing by March 31, 2019, to avoid deactivation from our sites.

      To learn more, visit the Puerto Rico Tourism website here.

      Thank you,
      The VRBO Team




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        • Re: Action Needed: Puerto Rico Owners
          hekkl5 Contributor

          Without that hotelier number, have the taxes that Homeaway collectected from travelers been paid?


          When we have a hotelier number and add that to our listing, do we need to to anything going forward or will the taxes be forwarded to the correct authority?

          I did not know of the need for an individual hotelier number. That is something that Homeaway maybe should have told us when we paid them to join and put our home on the market and start collecting taxes for us and sending them who knows where.

          I only hope to get out of this with no extra expense (beyond Puerto Rico's $500 fee for a hotelier number.)  That is their own corrupt BS.


          I read the Booking amount and believed those taxes were being paid. Now after this email and going to their website, I'm not so sure.


          If owners fail to comply with the Monthly Tax Declarations or the payment corresponding to the Room Occupancy Tax, they can be subject to penalties, administrative fines and the permanent revocation of promotional benefits and concessions of economic incentives, if any, provided by the Puerto Rico Tourism Company.

          Those who do not comply with the dispositions of Act Num. 272 could face fines of $500 for each day of infraction, up to a maximum of $25,000, amount that must be paid as part of the taxes in addition to any other penalty, late fees or interests applicable as stipulated by the law.

          For more information about the Room Occupancy Tax Cannon and the dispositions of Act 272 of September 9, 2003, please call (787) 289-1716, (787) 289-1717, (787) 289-1718.


          So once I fill out all the paperwork, pay $500, and get a hotelier number, and add to my listing, I'll be good?


            • Re: Action Needed: Puerto Rico Owners
              hekkl5 Contributor

              So have the taxes you've collected on my behalf been paid? They're not going to demand any payment from me personally?

              • Re: Action Needed: Puerto Rico Owners
                homeaway_community_manager HomeAway Employee

                Hi hekkl5,


                Yes, HomeAway has been collecting and remitting room occupancy tax in Puerto Rico on transactions booked and paid via the HomeAway platform since October 1, 2017 (launched collection on November 1, 2017, but remitted taxes out of pocket for October 2017).


                Rest assured that tax collected from your travelers has been remitted to Puerto Rico appropriately.  This tax is remitted on a tax return filed with the jurisdiction under the taxpayer account of HomeAway.com, Inc. Your name, your tax identification number, your company name, address, and/or other details specific to your property,

                are not identified on the tax return filing, because the tax information provided identifies HomeAway.com, Inc. as the taxpayer.


                You may still be required to file a tax return with Puerto Rico under your tax identification number, even if you owe no tax.  It is your responsibility to understand and comply with local tax and registration requirements. Your requirement to register with Puerto Rico and obtain a tax identification number is not new, but HomeAway's legal requirement to ensure those identification numbers are displayed on listings on our sites is a new requirement, and will be enforced beginning March 31, 2019.

                Thank you.


                HomeAway Community Manager

                  • Re: Action Needed: Puerto Rico Owners
                    hekkl5 Contributor

                    I followed the directions in the email I received from HomeAway that same day that I received the email. I went to the Puerto Rico tourism website but couldn't figure it out.- it didn't apply to a single family home being rented out. So I called them the next day and they sent me an abbreviated application (I'm not a hotel or casino,) and she said it would be three to seven days before I received my hotelier number. It's now been 16 days and I've heard nothing from them. A quick HomeAway search yields over 200 properties in Puerto Rico. Maybe they are overwhelmed, but I can't understand why there aren't more questions or guidance on this topic.

                      • Re: Action Needed: Puerto Rico Owners
                        cynthiabasham New Member

                        Same situation here - I submitted the application online and have heard nothing, but my listing has now been deactivated.


                        I used to live in Puerto Rico, this is a rental home due to necessity as a result of Hurricane Maria - it is impossible to sell.  The PR government was a mess before the hurricane, and even worse now.  Unless you are on island and willing to spend an entire day waiting in line, hoping someone who speaks English will be available to help you, it's a real challenge do get anything accomplished. 


                        This is really frustrating.  Airbnb does not have this policy.

                          • Re: Action Needed: Puerto Rico Owners
                            hekkl5 Contributor

                            I got my hotelier # and have it logged in with Homeaway and VRBO, so I'm good with them. But now I'm getting letters from the PR tourism board threatening me with fines because I haven't paid my taxes.  

                            I've called my contact person, but had to leave messages. She has not called me back.

                              • Re: Action Needed: Puerto Rico Owners
                                ha-moderator-macy HomeAway Employee


                                We have seen in some jurisdictions that owners are still required to file a tax return even when we have collected and remitted the taxes on your behalf. You would file that return with $0.00 as the amount collected. We remit the taxes under the account HomeAway.com, INC and we remit at the time of check in and not the time of payment. Please check with your local jurisdiction to see what your filing requirements are.



                                HomeAway Community Moderator

                                  • Re: Action Needed: Puerto Rico Owners
                                    hekkl5 Contributor

                                    Can I refer them to you personally? What is your number? I received a bill today.

                                    When I found out about this hotelier # being required, in March 2019   (first booking April 2018) I told them on their application form how much had been collected by Homeaway,  They are using that to fine me.

                                      • Re: Action Needed: Puerto Rico Owners
                                        ha-moderator-annalisa HomeAway Employee

                                        Good Morning!

                                        You can contact our customer support at:1-877-228-3145. Any of our agents can assist with tax questions and concerns.




                                        HomeAway Community Moderator

                                        • Re: Action Needed: Puerto Rico Owners
                                          margaret CommunityAmbassador

                                          I would contact them directly and explain what you reported was in error. If an OTA is collecting and remitting and your area requires you to file, you should be reporting only tax you have collected from other sources or zero if you did not collect any tax.

                                          • Re: Action Needed: Puerto Rico Owners
                                            elpietri New Member

                                            Sorry to resurrect an old thread, but i am facing this for the first time now. 


                                            Homeaway already deactivated my listing.  My question is regarding the 7% room tax that Homeaway is collecting and the monthly tax returns to the Tourism Company.  I know I can hire a local Accountant/Tax Attorney for this but wanted to hear your impressions before I dig myself deeper into this hole...


                                            It seems as if Homeaway is collecting the tax and submitting it to the Tourism Company, but WITHOUT any identifying data making the connection to the Hostelier.  The monthly returns would attempt to "match" the amounts sent by Homeaway to the "amounts" owed by the Hostelier.  When you fill out the monthly return, would you report the $ rents, but no $ tax calculated, given that Homeaway already did that? It seems the forms does not cleanly fit our case; but how do you adjust it? 


                                            I'm guessing the confusion is that the form calculates the tax, but there is no room to inform that the tax has already been collected and paid on your behalf by Homeaway.  I'm afraid that if we submit the form with $0 tax, then they'll send you a bill stating that you owe the tax.???


                                            Have you "perfected" this process yet?

                                              • Re: Action Needed: Puerto Rico Owners
                                                feibus Senior Contributor

                                                When it comes to reporting taxes that another entity already collected, you have two choices:


                                                1. Report all the rents and report as "exempt" the rents that had taxes collected/remitted by another entity (like HA or ABB).


                                                2. Report only the rents (revenue and taxes) on which you collected taxes.  Do not report any other rents on those state/county tax forms, since they weren't collected against your tax number.


                                                Which one you do is going to be based on what your specific Dept of Revenue wants you to do, so the best bet is to either look for a ruling from that taxing authority or call them.