Thursday, June 9, 2016

Schuyler County local hotel tax on vacation rentals upheld on appeal.

Schuyler County’s local hotel tax on vacation rentals and other tourist facilities was upheld by a New York State appeals court Thursday (June 9). The tax is used to promote tourism and the local economy.

The Supreme Court, Appellate Division, ruled that the Schuyler County Treasurer properly applied the four percent local tax to these properties, rejecting an appeal filed by Thomas Schneider, owner of “Seneca Lake Vacation Rentals.”

Schneider had argued that his properties were exempt from the tax as “bungalows” under regulations of the State Commissioner of Taxation and Finance because they are furnished and do not provide housekeeping, food or other common hotel services.

On appeal, the court agreed with the county’s argument that state regulations only applied to state- administered taxes, not locally-administered taxes such as Schuyler County’s.

Schneider was represented by Ithaca attorneys Schlather, Stumbar, Parks & Salk.

Schuyler County was represented by county attorney Steven Getman.