Short-term rentals in Mahwah booked through Airbnb, Vrbo, or other transient space marketplaces are subject to New Jersey's 6.625% Sales Tax, the 5% State Occupancy Fee under N.J.S.A. 54:32D-1, and Mahwah's local Municipal Occupancy Tax of up to 3%. Direct owner rentals are exempt unless the owner is a 'professionally managed' host with three or more units in New Jersey.
Under N.J.S.A. 54:32D-1 and the 2018 amendments codified at L.2018 c.49 (effective October 1, 2018, as amended August 9, 2019), a 'transient accommodation' rented through a transient space marketplace such as Airbnb or Vrbo is treated like a hotel room for tax purposes. The state imposes 6.625% Sales Tax under the Sales and Use Tax Act and a 5% State Occupancy Fee on the rent. Mahwah Township is authorized by N.J.S.A. 40:48F-1 et seq. to add a Municipal Occupancy Tax of up to 3% on top of the state taxes; the Township has adopted a hotel/motel occupancy tax under Chapter 20 of its Code. When a guest books through a marketplace, the marketplace is responsible for collecting and remitting all applicable taxes. Direct bookings from the owner to the guest are NOT subject to these taxes unless the owner is a 'professionally managed unit' operator (three or more units rented in New Jersey). Mahwah Township does not require a Certificate of Continued Occupancy for tenant rentals, but New Jersey law (N.J.A.C. 5:70-2.3 and 4.9) requires a smoke detector / CO detector / fire extinguisher certification for every change of occupancy. Landlords must also file a Landlord Identity Registration with the municipal clerk under N.J.S.A. 46:8-28.
Failure to collect and remit Sales Tax, State Occupancy Fee, or Municipal Occupancy Tax exposes the host to state assessments, interest, and penalties under N.J.S.A. 54:49 (typically 5% per month late-filing penalty up to 25%, plus interest). Operating without a smoke/CO certification or without filing the landlord identity registration is enforced by the municipal court and can result in fines under Mahwah's Chapter 10 (Building and Housing) and the Uniform Fire Code.
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