Why online travel agencies’ arcane tax battle is your problem

by Janice Hough on May 22, 2009

You may have heard about the pending lawsuits between online travel sites such as Expedia and Hotwire, and various cities who feel they are evading taxes. Which sounds like — and is — a complicated and perhaps arcane issue.

But the end result may affect millions of travelers.

As the San Francisco Chronicle explains it, the basic issue is what rate should these companies use as their taxable base. Here’s an example from the Chronicle.

The Hilton San Francisco, say, offers a block of rooms to Expedia at $150 each. Expedia sells them to its customers for $200 each, remitting to the Hilton the $150, plus San Francisco’s 14 percent hotel tax on $150, which it adds to the customer’s bill. But, according to the tax collector, Expedia also owes, and has refused to pay for the past several years, the 14 percent tax on the $50 it has netted free and clear. Which currently amounts to $32 million.

Since many online sites work the same way, they buy some rooms in bulk and add their own markup, this could end up affecting a whole lot of consumers. And since hotel tax is non-trivial — usually over ten percent and in many cases close to fifteen percent — if the dispute is settled in favor of the cities, this will almost certainly mean an accompanying increase in consumer costs.

On the other hand, those who live in a tourist market, may find their city finances improved which just might mean the city doesn’t hike other taxes.

One way or another, there are too many millions of dollars involved for the argument to just disappear. Whichever way the decision goes, it’s hard to imagine car rental rates won’t be next. And perhaps airline and tour packages. Stay tuned.

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  • Jim

    The problem with that example (SF hotel thru Hotwire) is that Hotwire did not earn its profit in San Francisco.

  • Arizona Road Warrior

    The real issue is that cities, counties and states are broke and they are looking for revenues which is the reason why they are going after online companies.

  • http://www.norcalblogs.com/transportation Greg Fischer

    I completely see the merit of the cities’ argument to the extent that the OTAs are fraudulently collecting tax on revenue that is not even being remitted to the hotel. Furthermore they are falsely collecting tax from the consumer. I have no problem paying taxes but I want the tax to reach the jurisdiction (federal, state, county, municipal) that is entitled to it.

    When a private company claims to be collecting tax but in reality is collecting money that will never reach the jurisdiction that it should, then it’s fraud.

    I see two solutions:

    1) the OTAs remit the entire tax that they collect to the jurisdiction that is entitled to it

    - or -

    2) the OTAs only collect tax from the consumer on the true portion ($150 in the example Janice Hough gives) that is being paid to the hotel for the room.

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  • Dave

    I think the online agencies win this case. The (exhorbitant) tax is on the value of the room.

  • Robert

    This would be easily solved if the on-line travel agencies were transparent, i.e. up front with their customers regarding pricing. They can remit the hotel’s $150.00 plus tax and charge the customer a $50.00 service fee instead of burying their fee in the price. The problem is that on-line agencies don’t want to divulge to their customer’s that they have a huge markup. Since that’s their choice they should suck up and pay the tax.

  • http://www.norcalblogs.com/transportation Greg Fischer

    Janice, if Expedia and the other OTAs do not pay the taxes they collected (but did not remit to the appropriate cities or counties) then I wonder if they are setting themselves up for class action lawsuits from the other side of the transaction: their customers who bought hotel nights.

    Each and every one was charged for something that was not delivered: tax not paid to the relevant jurisdictions.

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