8% NH Renter's tax?

[PowerPenguin]

I'm looking at this rental posting, and they're mentioning an 8% tax. I've never seen this mentioned on ANY other listing anywhere so far. Is this guy trying to screw over unwitting renters, or is this legit? URL: http://nh.craigslist.org/apa/758404540.html (see bottom of page).

[Puke]

That's news to me!
Sounds like BS.

[doobie]

New to me....  I would ask for proof that the 8% is going to tax.  Probably just their way of lowering their rental price and hoping someone doesn't see it and has to pay more.

[Pat McCotter]

Probably somebody misreading the "Meals and Rental Tax".

Statute: RSA 78-A
Administrative Rules: Chapter Rev 700
Frequently Asked Questions and Answers

What is it? An 8% tax is assessed upon patrons of hotels and restaurants, on rooms and meals costing $.36 or more. An 8% tax is also assessed on motor vehicle rentals.

    Note: Motor vehicle fees, other than the Motor Vehicle Rental Tax, are administered by the NH Department of Safety. For more information on motor vehicle fees, please contact the NH Department of Safety, 10 Hazen Drive, Concord, NH 03305. (603) 271-2382.

Who pays it? The tax is paid by the consumer and collected by operators of hotels, restaurants, food service, room rental [hotel room, not apartment or seasonal room - PatMac], and motor vehicle rentals.

When is the tax due? The tax is due on the 15 th day of the month following the taxable period. Electronic filing, via touch tone telephone and personal computer, are available to Meals and Rentals Operators. A paper return is not required if filing electronically, but operator's must retain the meals and rentals worksheet. Electronic filing is required unless your taxable revenue is less than $25,000 in the prior calendar year. Operators with taxable revenue over $25,000 in the prior calendar year will not be allowed to retain their commission unless they file electronically.  Approved seasonal operators must file reports for each month of their approved season even if no tax is due.

Who do I contact with questions? Call Customer Service at (603) 271-2191 or write to the Collection Division, PO Box 454, Concord, NH 03302-0454.

[Pat McCotter]

Wait a minute!!!!

To be considered "permanent occupancy" you must be there more than 185 consecutive days. If the lease is for less than that time it can be considered rental under the Meals and Rooms Rental Tax.

[PowerPenguin]

They also want some kind of processing fee so I'm going to drop this one. Even if the tax applies, which I've yet to see elsewhere, other aspects of this listing seem a bit off to me...

[dalebert]

I suspect there is almost no likelyhood of an investigation into someone other than a hotel for that residency requirement. If someone is enforcing the letter of the law, unlike most month-to-month landlords, they sound pretty statist and I wouldn't want to rent from them anyway.

[John Edward Mercier]

I think the letter of the law only covers rooms rented daily.

[Pat McCotter]

I think the letter of the law only covers rooms rented daily.

Sorry, no, any rooms rented less than 185 days. Rooms includes apartments.

http://www.gencourt.state.nh.us/rsa/html/V/78-A/78-A-3.htm

[PowerPenguin]

Pat seems to be right. I've since run into some more legit-looking places that also have this. One landlord requires the 8%, then gives it back at the end if the lease is for less than 185 days.

[John Edward Mercier]

You mean they give it back if the lease is for more than 185 days?

[PowerPenguin]

Apparently.

[John Edward Mercier]

I meant you posted they give it back if the lease is less than 185 days.
But what you meant is they give it back if the lease is 185 days or greater.

It is interesting as I've lived here for so long and never realized this was how that tax worked.

[PowerPenguin]

What you said. The prepared food tax is also 8% right? Can you get around it at coffee shops, etc. by getting it "to go" even if you don't? It works in CA.

[John Edward Mercier]

Not that I know of.