Tourist tax: Oléron obtains the conviction of Booking
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The judgment of the judicial court of La Rochelle (Charente-Maritime) evokes “abusive resistance”: the transnational Booking, an American rental platform, has just been ordered to pay the sum of 25,450 euros to the Community of Municipalities (CoC) from the island of Oléron. The dispute once again concerns the tourist tax, its collection and its payment to the intercommunity engaged in a standoff against the behemoths of the sector, Airbnb in the lead. This time, the judges of La Rochelle sanctioned Booking for having delayed in communicating its data for the years 2020 and 2021 despite an order from the judge for summary proceedings issued in January 2023 and the setting of a penalty of 50 euros per day of delay.
Two other judgments expected
“The Booking company nevertheless persisted in its refusal to transmit the data necessary to evaluate the amount of the tax,” summarizes Me Jonathan Bellaïche, the lawyer for the Oléronaise CdC. A new penalty, higher and set in December 2023, finally decided Booking to transmit the files last February. If the transnational considers that it has fulfilled its obligations, the judges in La Rochelle have decided to liquidate the penalty to sanction this late communication.
The data provided by Booking reveals a slate of nearly 8,500 euros, ensuring the Oléronaise intercommunality. “The company has still not fully paid its tourist tax for the years 2020 and 2021”, affirms Me Jonathan Bellaïche who is now claiming 50,000 euros for the absence of declaration of the tourist tax and 1.6 million euros. euros for the lack of collection for the years 2020 and 2021. For this other dispute, no hearing has yet been set to date. But the island of Oléron has already obtained the condemnation of Airbnb for these same reasons. This other American giant was sentenced in September 2023 to pay a fine of 30,000 euros. The Oléronaise intercommunality demanded nearly 30 million euros and appealed this first decision – the judgment will be rendered next September. Another decision is expected in the coming days and this time concerns the year 2022. In this case, the island of Oléron – whose fight is being scrutinized throughout France – is demanding nearly 5.8 million euros from Airbnb .
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