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Daily Tax Report: State

Airbnb Not Responsible for Lodging Taxes, Florida Court Rules

March 25, 2020, 6:59 PM

Airbnb Inc. and HomeAway.com Inc. are off the hook for potentially millions of dollars in uncollected Florida lodging taxes, after an appeals court ruled the companies have no collection duties because they don’t own the properties on their platforms.

The duty to collect and remit Florida’s “bed tax” for Palm Beach County belongs with property owners using Airbnb and HomeAway rental services, a 2-1 panel of the Florida District Court of Appeals ruled. The court characterized Airbnb and HomeAway as “conduits” with no ownership interest in the properties.

Tripadvisor LLC was also a defendant in the case.

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