Short-term rental operators in Colonie must collect the Albany County 6% hotel occupancy tax authorized by NY Tax Law §1202-g for any stay under 30 consecutive days. Colonie does not impose a separate town-level occupancy tax. New York State sales tax (4%) and Albany County sales tax (4%) also apply to hotel-room charges. Stays of 90+ consecutive days by the same guest may qualify as permanent residence.
STR taxation in Colonie operates under New York's enabling statute and Albany County's local law. NY Tax Law §1202-g (and parallel local-option sections) authorizes counties outside New York City to impose a hotel-room occupancy tax on stays under 30 consecutive days, provided the New York State Legislature has passed enabling legislation specific to that county. Albany County exercised this authority and imposes a 6% hotel occupancy tax administered by the Albany County Department of Management and Budget / Finance, with revenue dedicated in part to tourism promotion via Discover Albany. The county defines 'hotel' broadly to include hotels, motels, inns, bed-and-breakfasts, and (consistent with the New York State Department of Taxation and Finance interpretation of 'hotel' under Tax Law §1101(c)) most short-term rental dwellings rented for less than 30 consecutive days. The Town of Colonie does not levy a separate municipal occupancy tax. On top of the county 6%, New York State sales tax of 4% under Tax Law §1105(e) and the Albany County local sales tax of 4% also apply to hotel charges, bringing the combined transactional tax rate to roughly 14%. The 'permanent resident' exemption under NY Tax Law §1101(c)(4) excludes a person who has occupied a room for 90 consecutive days or more from sales tax on the room charge; the Albany County occupancy tax follows the standard under-30-day taxable definition. Airbnb has a New York-state-level tax collection arrangement for state sales tax but does NOT automatically remit county occupancy taxes outside New York City; the Albany County 6% is the operator's direct responsibility.
Failure to register, collect, or remit the Albany County hotel occupancy tax under NY Tax Law §1202-g carries penalty plus interest per the county local law, and the County can assess back taxes. Failure to collect New York State sales tax under Tax Law §1145 is a misdemeanor and exposes the operator to a 100% penalty on the unpaid tax plus interest. The NY Department of Taxation and Finance can pursue criminal charges under Tax Law §1801 for willful tax fraud.
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Colonie, NY
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