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Airbnb proposal to register and tax in the DR as posted on DR1

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windeguy

Posted on DR1:


Yesterday at 12:09 PM

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#1

It appears this 2024 is when the Dominican government will start to impose regulations on AirB&B. In FITUR 2024 in Spain, David Collado said that a new agreement already exist and is currently being studied by ASONAHORES to either agree or disagree. The proposed agreement is proposing new taxes to be imposed on AirB&B's in the Dominican Republic, currently are tax free. Most likely the new taxes will be passed to the customer of AirB&B's, so expect an increase of the prices of Dominican AirB&B's.


There are other types of regulations for AirB&B's currently not contemplated but could be in the near future, such as hotels are subjected to a particular standard and are randomly checked to make sure they comply with certain sanitary regulations while AirB&B's are not subject to any of that. Hotels sre the most pressing group asking for new regulations are imposed on AirB&B's citing they create an unfair competition with them.


Currently, there are around 99,000 AirB&B's in the Dominican Republic, already equivalent to more than half of hotel rooms available in the country.


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I doubt the DR will go the extreme route as has been done in NYC where AirB&B's are now banned. They simply ignored putting more regulation and simply put them all out of business. Ouch!


https://www.youtube.com/watch?v=DMHyQl7ottw&t=104s


Today at 12:47 PM

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#9

I have been banging on about this for a long time. If you go onto MITUR's website, they already have a registration form dedicated to registering AirBnB's to get the relevant licence. So this has been on the way for a long time. The key points are:


- As far as I can see, only people who have residency or are Dominicans will be able to operate an AirBnB. The first thing they ask for is your cédula, and if you say you are a foreigner, they ask for a copy of your residency. So all these Americans and Canadians who bought properties here and think they can rent them out will struggle. Looking at how many apartments are being built, and have been built, in Las Terrenas alone, this is definitely going to affect the property market there.


- Paying taxes in this country is not a simple process. The DGII needs everyone to file a monthly return, it only loads on a PC not a Mac, it doesn't work well if you're abroad as the token only works when you are physically in DR, there is an automatic 10% penalty if you're a second late, the forms are all quite complicated. So everyone is going to need an accountant as well as paying the taxes.


- Whilst MITUR doesn't ask for much to register, what they ask for will be things that most AirBnB's don't have. You have to have third party liability insurance for example. You have to prove that any staff employed are registered with TSS (and therefore these also need to be residents or citizens). And you need to show you're registered with DGII, which again you can't do unless you're resident or citizen.


I see the effects are going to be a) the extra taxes will make quite a few properties unviable. b). Quite a lot of people won't qualify to register under the scheme, so they will either try to continue operating illegally (not a great idea as MITUR is very powerful) or they'll close down. c). I think there will be a lot of apartments up for long-term rental and for sale shortly after this comes in. Not a great time to buy right now, as I see this could affect house prices dramatically.

windeguy

This could cause some heartburn for people that are not legal DR residents who thought they could run AIRBNB's here. 


Not to mention jacking up the prices by 18% for the taxes they would collect

planner

We knew this was coming! 


One way around not having a cedula is holding the air bnb in a corp!   Anyone needs help with this let me know by PM.


And the reporting will get interesting!

LiveLife4U


    We knew this was coming!  One way around not having a cedula is holding the air bnb in a corp!   Anyone needs help with this let me know by PM.And the reporting will get interesting!         -@planner


Good afternoon,

     i plan on purchasing a Condo in Cap Cana and Airbnb it, when we aren’t using it?  should i hold off on buying and see what the laws and taxes are going to be?  My fiance is Dominican but now a US citizen with a Dominican cellula.  is she exempt from this tax, if we put the Condo in her name?   Thank you for your help in advance. 

planner

Everyone pays the tax.  With her cedula it's easy for her to register

LiveLife4U

Is it better to own it personally or set up an LLC, if i plan on AirBnb when not utilizing it?  Im a bit confused with this new Airbnb law that is supposed to take effect? 

planner

We don't know yet!  Could be soon could take years.  Resort and hotel association pressuring for soon

DominicanadaMike

Does anyone know how this affects those people that bought a property tax exempt for 15 years?

planner

Property taxes have nothing to do with air bnb sales tax.

planner

I assume that was the question!

DominicanadaMike

Actually, as I understood it, that under confotur, you could rent out your property tax free for 15 years.  I realize we are talking income tax vs a "goods and services" tax but it still requires some type of filing...so is there a contradiction there or ???

planner

Property tax and sales tax are two different things. I guess it depends on the wording of the tax break

b2kbassman

Can anyone update me on what has happened with the proposed legislation to register and tax AIRBNBs in the Dominican Republic? This decision would impact a planned second home purchase for me near Constanza. Thank you?

planner

It's still in the works

ddmcghee

@b2kbassman

I would factor taxes into your return calculations. If it never happens, you'll do better than expected! If it does, you're prepared and have accounting for the impact to your earnings.

b2kbassman

@planner

Thank you so much..after reading what Airbnb says on their site regarding tax considerations in the Dominican Republic, it appears reporting income tax does not apply to me for my single proposed Airbnb house in Constanza (I'm a retired American expat) but I'm confused if ITBIS tax collection is required. Im not planning to register my Airbnb hosting as a business. So I think ITBIS would not apply right? Basically unless the new law is enacted I don't have to report, collect or pay taxes....I think!

planner

If you do not report your business then you are violating the law.  Yes you have to report your income, yes you will need to collect and remit ITBIS once the law is enacted.  Technically  all air bnb  owners violate the spirit of the law by not reporting income.  Not likely the  tax authorities will come after anyone until there is a way to enforce this. That happens when ITBIS is required to be charged!


It will be interesting to watch how and when this is enacted and enforced.

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