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Would the lodging tax be retroactive?

Joan Talmadge | 12/21/2017

We’ve been getting calls and emails from some homeowners who aren’t sure how to handle their 2018 bookings in light of the potential lodging tax.  If and when it’s passed, is it going to affect previously signed contracts? Or do they need to inform potential or pending guests that they could be impacted? I have now heard from two reliable sources that the tax will not be retroactive.

Jeremy Spittle, Legislative Director for Majority Whip and State Senator Michael J. Rodrigues, made it clear that the tax would not apply to any rental contracts executed before the tax goes into effect, even if the tenancy takes place after the date of enactment.

State Rep. Alice Peisch also confirmed that any leases that you sign prior to the enactment of the tax will not be affected in any way, even if the tenancy takes place after the tax goes into effect.  In fact, she said that it would be illegal to have a retroactive tax. 

This news further underscores the advantage of signing leases early.  We still have no word on when the tax might go into effect, but all indications are that it is not likely to happen until mid-summer 2018 at the earliest. 

As always, we will keep you posted. 

About Joan Talmadge

About Joan Talmadge: My husband Jeff and I created WeNeedaVacation.com in 1997, shortly after buying our Cape home. My background includes teaching fifth grade for 8 years and writing and editing educational publications for 15. I get great joy from helping fellow homeowners successfully rent their homes. Jeff and I are proud to have two of our three grown children working for WeNeedaVacation.com, truly a family-run business. For me, the Cape and Islands are magical all times of the year -- whether it's walking on Nauset Beach, playing golf, or enjoying family and friends.