You pay your taxes — why don’t the online travel agencies?

by Christopher Elliott on February 18, 2009

With April 15 fast approaching, here’s something for the traveling public to ponder: If we pay all of the taxes we owe the government, shouldn’t online travel agencies?

For years, companies like Expedia, Orbitz and Travelocity have paid hotel taxes based on a lower wholesale rate, not the retail price they charged customers. Cities have cried foul, there have been lawsuits, and yesterday, Anaheim, Calif., ordered the online agents to pay $21 million in back taxes.

This is an important issue to Anaheim. Hotel taxes are its largest revenue provider, and it expects to see at least a 5 percent drop in tax collections in 2009.

If you said “who cares,” you’re probably in the majority. That’s probably because it’s difficult to understand what online travel agents are doing here.

Blogger Jeanne Leblanc has a good explanation on her blog.

So if you pay Priceline $100 for a room and Priceline pays the hotel $80, the local hotel tax of 10 percent yields $8 in taxes. But the municipality wants 10 percent on the $100 you paid, for a total of $10.

I’m thinking it all comes down to how you define that $20 difference between what you paid Priceline and what Priceline paid the hotel. Was it the retail cost of the room or a fee paid to the travel agency?

From a city’s point of view, this is an open-and-shut case. If I paid $100 for a room, it should reasonably expect $10.

If the online travel agencies want to define their $20 difference as a fee, that’s fine. Let them clearly disclose in their room rate what they’ve paid the hotel and what you’re paying as a fee. That might be a good way to counter the arguments made by cities.

But that’s not going to happen. If people saw the wholesale rate paid by online travel agencies, they’d riot. (I know. I’ve dealt with customers who had inadvertently seen the wholesale rate. Not a pretty picture.)

This could get interesting.

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  • http://www.tripso.com/author/leocha Charlie Leocha

    Of course Anaheim wants all the tax revenue it can get. But if a car is manufactured in Anaheim for $20,000 and sold to a dealer in Colorado who then sells it for $22,000 should Anaheim be able to collect sales taxes on $22,000 or $20,000? The only transaction that took place in Anaheim was for $20,000, the additional $2,000 will be taxed in another city and state and probably at the federal level as well.

    For the hotel in the city, their price to Travelocity, Orbitz or Priceline was $80 that is the transaction that takes place in Anaheim. The extra $20 fee is a transaction that takes place in Dallas, Chicago or Connecticut. Hence, the taxation will take place in those localities. Plus, there are federal tax consequences.

    I don’t think Anaheim has a case for added taxes.

  • Adam

    I have an issue with Priceline and how it charges for hotel taxes that I feel is borderline dishonest. Several years ago, Priceline used to itemize hotel charges with separate lines for “taxes” and “booking charge” — now these charges have been merged so that it’s impossible to know exactly what you are paying in taxes and fees. I’ve often wondered if Priceline might try to skim off some of these taxes into their “fee”…

  • jlawrence01

    >>now these charges have been merged so that it’s impossible to know exactly what you are paying in taxes and fees. I’ve often wondered if Priceline might try to skim off some of these taxes into their “fee”…<<

    What difference does it make? You know EXACTLY what you are going to pay on the booking screen prior to agreeing to pay for the room. If it is too much OR you think that you can do better, you can cancel the transaction.

    That is unlike the other services where you have NO clue as to what the sales taxes are prior to arrival at the hotel.

  • Robert

    “But if a car is manufactured in Anaheim for $20,000 and sold to a dealer in Colorado who then sells it for $22,000 should Anaheim be able to collect sales taxes on $22,000 or $20,000? The only transaction that took place in Anaheim was for $20,000, the additional $2,000 will be taxed in another city and state and probably at the federal level as well.”

    This country does not have a value added tax. If I live in Colorado I pay Colorado tax for the car no matter where I take possession of the car.

    The hotel is a use tax, and if I pay $100.00 for a hotel in Anaheim, I am paying Anaheim, not Colorado where I live. A better example is a travel agent in Colorado makes a reservation for a hotel room in Anaheim for a rate of $100.00. Tax is paid on the hotel rate of $100.00 to Anaheim, and the hotel pays the travel agent in Colorado $10.00 commission. The tax is not paid on the net the hotel keeps but the total cost to the consumer.

    GO GETEM, ANAHEIM!

  • Adam

    Hey jlawrence01, well for me it’s about transparency, not about the price. Priceline used to keep these charges separate, they instead wanted to hide how much more they are charging in fees than they used to by bundling it with the taxes.

  • Don

    I think this is very simple. Priceline, Orbitz, Expedia, or any other type of seller that buys rooms in blocks or gets rooms at a specific rate pays the taxes on that rate that was agreed upon. Now what these companies charge on the other end is out of Anaheims play and they do not deserve any more tax than on what the hotel has said the price is.
    It is like saying if I agreed to buy “xyz item” from you and guarantee a certain amount of purchases and you inturn give me a deal on the cost $80.00. So I then turn around and start selling that product that I buy from you for $100.00 . Is that so wrong? That is kind of simple economics and that is how the free market system works I thought. Should I then have to turn around and send taxes into anaheim because I made a profit off of a purchase that was made from a place in Anaheim??
    I may be wrong or seeing this wrong but that is my view on it…

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