The recent passage of a tax on short-term rentals has kindled confusion among homeowners and realtors who fear it could eventually impact the Island’s robust seasonal economy.
The recent passage of a tax on short-term rentals has kindled confusion among homeowners and realtors who fear it could eventually impact the Island’s robust seasonal economy.
At a recent listening session concerning the tax in Edgartown, realtor Lisa Lucier told Edgartown selectmen that her agency, Anchor Realty, deals with 150 homeowners throughout the Island, many of whom have started to feel the repercussions of the tax.
“It is definitely affecting renters,” Ms. Lucier said. “I have had a lot of people call and complain about it, and one person call and say they weren’t going to do the rental because they didn’t want to pay the tax . . . they feel like it is one more thing they’ve got to pay.”
Enacted during an 11th-hour legislative session and signed into law by Gov. Charlie Baker in December of 2018, the tax expands the 5.7 per cent state hotel and rooms tax to include short-term rentals. Towns also have the choice of tacking on a local occupancy tax of up to six per cent — meaning that in Oak Bluffs and Tisbury short-term renters will pay an 11.7 per cent tax to the state. In Edgartown, Chilmark and Aquinnah, the number is 9.7 per cent. West Tisbury has not voted to enact a local room occupancy tax.
The law takes effect July 1 and defines a short-term rental as any occupied property that is rented for less than 31 days. Any property that is rented for less than 14 days total during a calendar year is exempt from the tax.
“The majority of our business is short-term vacation rentals,” said Anne Mayhew, broker owner at Sandpiper Rentals. Sandpiper represents upwards of 650 homeowners on the Island, most of whom rent seasonally during the summer in Oak Bluffs and Edgartown. Ms. Mayhew said she hasn’t received any pushback from renters about the tax - and that summer bookings are strong - but has gotten calls from confused homeowners.
“Overall, it’s had more of an impact on our owners, trying to figure out what needs to be done, what they’re obligated for, and trying to determine whether it’s going to impact their property’s availability,” Ms. Mayhew said.
Executive director of the commission, Adam Turner, made clear at the listening session last week that the seasonal economies of the Cape and Islands were facing the unintended fallout from a tax originally geared toward curtailing Boston’s booming Airbnb rental industry.
“I’ve been getting a lot of calls, and one of the things I want to talk about is that this bill was not really directed at us,” Mr. Turner said. “This was a problem in Boston. The Boston Chamber of Commerce felt they needed to even the playing field, so they expanded the tax base to include short-term rentals. This was unintended for us. But it is an opportunity.”
According to data from the Martha’s Vineyard Commission, Edgartown has approximately 3,500 seasonal units. Assuming half of those properties are used for seasonal short-term rentals, the commission estimates the tax would bring in over $2 million annually in revenue for the town. Those numbers are comparable in Oak Bluffs and Tisbury. Up-Island, in Chilmark and Aquinnah, the commission estimates yearly revenue at $740,000 and $180,000 respectively.
For those who rely on the seasonal rental economy, however, the tax windfall is of little importance when a portion of their livelihood is at stake. Diane Drake has rented her home in Edgartown during the summer since 2010, and is worried about how her repeat tenants will react with what is effectively a 9.7 per cent price hike.
“We think of this house as our retirement,” Ms. Drake said. “Tenants who can’t afford to pay the 9.7 per cent will look elsewhere.”
Ms. Lucier from Anchor Realty seconded that fear.
“No matter how you want to slice it, the rental rates have gone up. And they’ve gone up a pretty good amount,” Ms. Lucier said. Reached by phone, Ms. Lucier added that homeowners whom she represents have collected taxes for their rental periods that range from $350 on modest homes to $1,750 on a particularly pricey two-week rental.
“People don’t want big brother all over you,” she said. “We don’t know what it is going to do to our industry, but I don’t think they investigated it very much.”
Ms. Lucier said July rentals have looked slow relative to historic rates booking rates at this time in the year.
“I see a lot of availability in July,” Ms. Lucier said. “I don’t know if July is slow because now when they book they are paying an extra 11.7 percent, but it’s slow. To me it means I think there is a difference, just because of the homeowners who are calling us and saying we have a lot of space open. And we can’t survive if we shrink our rental season down to four weeks.”
Confusion from the rapid enactment of the bill has also caused headaches for realtors and homeowners alike. Ms. Mayhew from Sandpiper Rentals said she has received dozens of calls asking about the logistics of the tax from the homeowners’ perspective.
“The fact that the bill came into effect so quickly, there were a lot of questions in that regard,” Ms. Mayhew said. “And the language was difficult to interpret, and we didn’t have any clarification from DOR for many weeks. And it is still not clarified. So I don’t know what’s going to happen. It’s a lot to take in.”
Ms. Mayhew said while her business hasn’t taken a noticeable hit from the tax, she thought it might have an effect on repeat renters who come back for the 2020 rental season. Most of her 2019 clients had booked their rentals before Jan. 1, exempting them from the tax this summer season. According to Mr. Turner, renters will be expected to collect the excise tax and then remit it to the state.
While many real estate agents service renters who can afford — or may not even notice — a 10 per cent tax on their rental, Ms. Drake said her tenants are generally families of modest means looking for reasonable weekly vacations. She decided not to raise her rental prices this year because of the tax.
“For people renting my property, paying that tax is a much bigger deal,” she said.
Ms. Drake said she didn’t protest the bill or call her representatives because she saw it as an opportunity to help with the affordable housing crisis on the Island, thinking the tax may incentivize more landlords to rent properties year-round. Mark Hess, chairman of the Edgartown Affordable Housing Committee, said that was a possibility but that the jury’s still out on whether it will help the problem.
“It’s something we’re thinking about,” Mr. Hess said at the session last week. “But we just don’t know yet.”
Other Edgartown residents felt like the tax didn’t go far enough to solve the affordable housing issue. Peter Look believed that the increased regulations associated with the tax, including registration, $1 million liability insurance, and property inspections, would actually hurt prospects for affordable housing.
“It will move people underground,” he said at the listening session. For him, short-term rentals, not the tax, were the root of the problem. “I think I’ll do a petition next year that will ban short-term rentals in Edgartown,” he added.
Until then, homeowners and realtors are anxiously looking forward to what the summer brings.
“We start re-booking for 2020 in July in August,” Ms. Mayhew said. “Next year will be the real test.”

Comments
Once again an increase in
BS Oak BluffsOnce again an increase in taxes hurts the middle class. This tax is a big hit for the family on the lower end of the rental spectrum. Rentals in the 10k and above range are very strong and the tax has little effect but for a working guy with a budget of $2500 another $300 is real money. And if they do come that $300 will be saved by reducing dinner out and local shopping.
In very same Gazette https:/
Bruce EdgartownIn very same Gazette https://vineyardgazette.com/news/2019/03/28/advance-bookings-point-busy… I see crocodile tears.
There is this totally cool
Renter of Houses MVYThere is this totally cool website the people who run Massachusetts set up with all sorts of answers to questions people ask frequently about the new tax. I think it is department of revenue that made this informative site. Just a bit of third grade math and homework to turn in really. This new tax is def for a good cause and isn’t so hard if you try a bit. No way as hard as income taxes but still it does suck as it is less money in your pocket. Hope this helps! MV rocks!
The collection of these taxes
WashAbhorred EdgartownThe collection of these taxes should be delayed until the State has setup a system to collect them. It's nearly April and there's still no information on how to register, how to remit, etc. There are going to be a lot of property owners hit with a tax that they have not had the opportunity to collect from their tenants.
Having vacationed perhaps 12
Gary Korbel Westbury NY (25 miles east of NYC)Having vacationed perhaps 12 times on your beautiful island my gripe or consternation is different we rent generally for one week a good sized home just 2 of us many bedrooms to spare should we not have a discount of some sort since we barely use the complete house? So the rental tax to me pales in comparison to paying the same rate for two of us as the rental could easily support 6 people.
More so the cleaning of the rental I believe is built into the price I was looking at a nice rental last year in Gay Head area the turn off was a $300 cleaning fee/ I called the owner and indicated the cleaning for two adults off season no beach no kids and two seniors should not that be factored in.
I am a reasonable sort but it looks like off season rates with the cleaning the tax SSA are rapidly approaching $2000 a week for myself and wife and we have not had a chowder or glass of wine.
My point most expenditures are by comparison I can do some wonderful trips for a similar price many all inclusive of amenities tours etc just maybe a two person rental does not make sense /// for families splitting that cost 2 or 3 ways much more dollar comfortable
All the best your issues are being duplicated any where you have a desirable destination being on Long Island to my east the same issues the difference many renters come from points outside the US they find the hamptons reasonable be well Gary
No Gary, you can't rent a
J rentalNo Gary, you can't rent a mansion for two people and get a volume discount.
I have lost 3 weeks so far,
mike edgartownI have lost 3 weeks so far, due to the tax.......people, this is going to kill the vineyard....
So sorry to have missed this
Sara Piazza Main Street EdgartownSo sorry to have missed this meeting. Here's what I would have said had I been there:
As my grandmother and my mother did before me, I rent a room in my house. The income - all on the books and hard-earned, I might add - makes all the difference in my being able to afford to keep my ancestral home. And it's not just about the income, I'm in the hospitality business - I love my guests and they love me and my home. My guests have little impact on the island's infrastructure, as very few of my guests bring cars (in fact, to discourage them even more, I no longer offer parking during July and August), but they do bring their money to Edgartown, and beyond. My renting a room in my home has zero impact on year-round housing and has 100% impact on my being able to stay in my home.
Edgartown has always had various designations for room rentals, with the lowest designation - people like me - being exempt from a rooms tax. This new law needs to be revisited to allow this rule to continue. (Benjamin from West Tisbury quoted something in the new law to this effect. If he would kindly pipe in and direct us to that paragraph, it would be appreciated, or anyone else who may be in the know)
I am among those who are of the opinion that this new law will hurt the Island's economy. I don't know too many people who are not involved in some form of rental and/or tourist-based business.
Thank you.
Sara, I agree with you. For
Lorraine EdgartownSara, I agree with you. For many people the rental of a room or two during the season enabled the multi generational family to keep the family house. It is unnerving to see this activity may be in jeopardy. Keeping the houses in the family is to be desired; the people have a real connection to the community.
Sara, I agree with you. For
Lorraine EdgartownSara, I agree with you. For many people the rental of a room or two during the season enabled the multi generational family to keep the family house. It is unnerving to see this activity may be in jeopardy. Keeping the houses in the family is to be desired; the people have a real connection to the community.
Okay, good news. With the
Sara Piazza Main Street EdgartownOkay, good news. With the help of Sen Cyr's office I was able to find this:
B. Exemptions
Prior to the Act, G.L. c. 64G, § 2 provided for exemptions for the following types of accommodations:
-lodging accommodations at a federal, state or municipal institution;
privately-owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill;
-religious or charitable homes for the aged, infirm, indigent or chronically ill;
-summer camps for children up to 18 years of age or developmentally --disabled individuals;
-lodging accommodations, including dormitories, at religious, charitable, educational and philanthropic institutions; and
-bed and breakfast homes (e.g., homes with three or fewer rented rooms).
(I am in the last category)
The new law in its entirety is here: https://www.mass.gov/technical-information-release/working-draft-tir-19…
I am told that despite the word "prior," the above quoted material is still in effect. This is a relief because, honestly, it made no sense that people renting a room or two in their homes would be subject to the STR tax.
The Massachusetts Department
Name LocationThe Massachusetts Department of Revenue has created a web page for people navigating this new tax. It isn’t complete and doesn’t offer all the answers yet, but it is THE place to go if you rent a house for less than a month and a couple days here. Use your favorite web search engine with something like “Massachusetts Short Term Rental Tax DOR frequently asked questions”.
If you do not think 9.7 or 11
Seriously Oak BluffsIf you do not think 9.7 or 11.7 percent tax is not going to impact rentals you are crazy. The article even indicates that some people will not notice. Even the wealthiest people will notice. As usual, the people who have hustled and got a piece of the rock, get squeezed. The minute the tax went into effect, my inquiries dropped off.
Zero Sum Game. The dollars
John Aldeborgh Edgartown, MAZero Sum Game. The dollars vacationing middle class people have are fixed, so every dollar spent on this tax is not spent at restaurants and shops. The notion that increased taxes have no impact is wrong, there will be unintended consequences. The people who will suffer are the homeowners who depend on this income to make ends meet and the vacationers who now have less disposable income. 10%+ is a huge change and a huge burden in a state that’s already known for high taxes. There will be consequences and they will all be bad. The next step is the rental police.
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