Internet Travel Intermediary Attacked Over Tax Practices
by Mike Godfrey, Tax-News.com, New York
25 December 2002
Expedia.com, an Internet travel and hotel booking company, and other similar
companies are being threatened with attacks by the tax authorities of a number
of US states including New York, Texas, Florida and San Francisco for underpaying
taxes on transactions they broker between customers and travel or hotel companies.
According to the tax authorities, Expedia and other leading travel sites charge
the customer the headline price for a travel package or booking, including the
sales or occupancy taxes due, but then remit to the hotel or other merchant
only the wholesale rate agreed between them, providing profit margin, but including
only the tax due on the wholesale price, pocketing the remainder.
Expedia Inc said on Monday in a filing with the Securities and Exchange Commission
that it remits the taxes it collects back to the hotels, which in turn pay the
tax authorities. The company said the amount of taxes that it collects is determined
by hotels, in terms of what the hotels owe in state or local jurisdictions in
sales, occupancy or other taxes. Expedia said in the filing that it believes
its tax-collection practices for hotels are consistent with the tax laws of
most or all jurisdictions.
If the affair ever reaches a court, it will raise extremely difficult questions
of agency and jurisdiction. If an Internet company with a headquarters in (say)
California brokers a transaction between a New York hotel and a client in Texas,
the possibilities for confusion are endless, especially since with the laws
in their current state some parts of such a transaction would not be taxable
at all on the Internet.
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