Quote:
Originally Posted by Shipping up to Boston
I know this was discussed at length on a different thread. So my question is if using a residence for AirBnb, which is supposed to be taxed (regardless of AirBnb’ hollow claims of innocent 3rd party).....doesn’t that constitute a business? Is this a way for TV to have a mechanism to work in concert with the Bill recently passed at the state level re; STR?
New to all of this so appreciate any education
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If the home is being used as an AirBnB then tax is due. If it has not been collected in the past then perhaps the new bill will change that.
Renting the home is certainly a business activity. However, renting a home does not mean business is being conducted in the home. The activities being conducted in the home are eating, sleeping, cooking, and cleaning. These are the exact same activities that are conducted in my home and 70,000+ other homes in the Villages.
Further, even if the owner sat in the kitchen and accepted payment such that business activity was occurring in the home, it would still not be a violation of the deed restrictions. The deed restrictions prohibit business activity that involves maintaining inventory or customer visits. The sofa and kitchen table in the airBnB is no more inventory than the sofa and kitchen table in my home. The people sitting on the sofa and eating at the kitchen table are not customers visiting a business, they are guests performing the normal activities conducted in a home: eating, sleeping, cooking, and cleaning.
What some seem to want is for local government to pass a law prohibiting an owner from renting his home or a law mandating a minimum duration of a stay. (Un)fortunately, Florida law does not allow a local government to pass such a law.