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FAQ: Award stays charged taxes on RACK rate in India? [Merged thread]

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Old Dec 3, 2016, 9:46 am
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Last edit by: yosithezet
Per Starwood Lurker II's research in April 2009:

1. If a SPG member has been offered a complimentary upgrade to a room of a higher category, is the member charged a luxury tax based on the Rack rate of the original room booked or the upgraded room?

Luxury tax is applicable to the Rack rate of the upgraded room for properties who are applying such taxes. I have verified that this is a government rule. Therefore do verify before checking in if you have been upgraded. Currently, properties in New Delhi, Hyderabad, Chennai and Ahmadabad are applying the luxury taxes to all their staying guests.

2. Are free night awards(in which taxes are already included) exempted from the luxury tax?

Yes.

3. Is this going to be forever?

This involves a couple of answers regarding the state governments so I shall leave this to any members who are residents in India.
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FAQ: Award stays charged taxes on RACK rate in India? [Merged thread]

 
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Old Apr 21, 2009, 11:39 am
  #16  
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Question

Originally Posted by Neil_Morristown
Hello,
Recently stayed at the Sheraton New Delhi on a cash and points reservation and was assessed a 12.5% tax on a ridiculously high rack rate instead of the cash and points rate of $60 USD. I was upgraded to an executive room, but to make it worse was charged the tax on the rack of this upgraded room and not my original deluxe room! The tax ended up being almost equivalent to the cost of the cash and points rate!

When you make a reservation online for this property, there is no mention that tax is on the rack rate. It is mentioned in the email confirmation that you get, which may not be helpful if you book last minute and it's too late to cancel.

I'm SPG Plat and have never seen this before - does anyone else have similar experiences?
When you inquired with the hotel what did they say? To verify the hotel, when you contacted CCS what was there answer?
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Old Apr 21, 2009, 11:58 am
  #17  
 
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It is (or at one time, was) a local law that the hotel will impose a tax on the rack rate for a free room. This happened to me at the Hyatt Regency Delhi so I guess that the charge is legit.
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Old Apr 21, 2009, 12:03 pm
  #18  
 
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Originally Posted by Bondiboy
It is (or at one time, was) a local law that the hotel will impose a tax on the rack rate for a free room. This happened to me at the Hyatt Regency Delhi so I guess that the charge is legit.
That's fine. I was more bothered by the lack of disclosure when making the booking online. It's a significant piece of information.
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Old Apr 21, 2009, 2:18 pm
  #19  
 
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Agree it should have been clear in the terms & conditions. Whenever I have booked C&P, they say whether tax is included or will be charged separately. But my understanding was that it was on the rate paid, not the rack rate for the room.
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Old Apr 21, 2009, 3:58 pm
  #20  
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On a regular full cash reservation, it does mention that taxes will be levied on the full rack rate of the room. Now, it does not mention levying tax on the full rate of an upgraded room and this is somewhat bothersome. Alas, it's the local hotel rules for the 5 star hotels (there are some places in India that does not have this law - e.g. Agra, Jaipur, etc.) and I don't know what SPG can do about this.

I'd be very cautious when booking cash-and-points reservations in India due to this type of taxation practice. However, there have been reports that on full awards, these properties don't levy taxes... since the rate paid is "0."
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Old Apr 21, 2009, 7:57 pm
  #21  
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Dearest Neil_Morristown,

Greetings.

Unfortunately, due to the local governing laws, most properties in India(not just those under Starwood) have to apply taxes for hotels stays based on the Rack rate of the room, and that includes C&P stays.

This has been discussed much earlier as well.

However, I would like to obtain more details of this particular C&P reservation from you so that I can investigate further on your concerns, including taxes on the upgraded room.

Hence, do drop me a PM and let me conduct a simple detective work.

[email protected]

Thyetus Lee | Online Forum Coordinator(AP)
Starwood Customer Contact Centre (AP) Pte Ltd
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Old Apr 21, 2009, 9:07 pm
  #22  
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Dearest Neil_Morristown,

I believe you have called and emailed in to us with your enquiry so I shall leave it to my colleagues to provide you the appropriate answers.

Let me know if you require any further assistance.

[email protected]

Thyetus Lee | Online Forum Coordinator(AP)
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Old Apr 21, 2009, 9:18 pm
  #23  
 
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I will be staying at the Westin Sonha-Gurgaon resort property this coming weekend. As a platinum what benefits can I expect - upgrade to suite, do they have a lounge that is open on weekends, breakfast coupons etc?

Also, since it is an award stay ($0) do you still have to pay taxes?
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Old Apr 21, 2009, 9:45 pm
  #24  
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Originally Posted by svasandani
I will be staying at the Westin Sonha-Gurgaon resort property this coming weekend. As a platinum what benefits can I expect - upgrade to suite, do they have a lounge that is open on weekends, breakfast coupons etc?

Also, since it is an award stay ($0) do you still have to pay taxes?
Dearest svasandani,

My understanding so far is that luxury taxes are applicable for free night awards as well. But do let me confirm on this.

[email protected]

Thyetus Lee | Online Forum Coordinator(AP)
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Old Apr 21, 2009, 10:15 pm
  #25  
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Originally Posted by svasandani
I will be staying at the Westin Sonha-Gurgaon resort property this coming weekend. As a platinum what benefits can I expect - upgrade to suite, do they have a lounge that is open on weekends, breakfast coupons etc?

Also, since it is an award stay ($0) do you still have to pay taxes?
Gurgaon is in the state of Haryana. Haryana did not have the Luxury Tax at least the last time I checked.

Originally Posted by Starwood Lurker II
Dearest svasandani,

My understanding so far is that luxury taxes are applicable for free night awards as well. But do let me confirm on this.

[email protected]

Thyetus Lee | Online Forum Coordinator(AP)
Starwood Customer Contact Centre (AP) Pte Ltd
At one point the Hyatt Regency Delhi was charging the tax on award stays. Eventually they reversed this policy. An award stay should be an award stay and we shouldn't have to pay additional money on top. I'm anxiously awaiting the results of your investigation though.
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Old Apr 21, 2009, 11:01 pm
  #26  
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Originally Posted by yosithezet
At one point the Hyatt Regency Delhi was charging the tax on award stays. Eventually they reversed this policy. An award stay should be an award stay and we shouldn't have to pay additional money on top. I'm anxiously awaiting the results of your investigation though.
Dear yosithezet,

Will definitely keep everyone posted.

Btw, I was previously given the same answer you have written but I am very unsure on the validity of it and so it is better for me to verify again.

[email protected]

Thyetus Lee | Online Forum Coordinator(AP)
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Old Apr 21, 2009, 11:06 pm
  #27  
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Originally Posted by Starwood Lurker II
My understanding so far is that luxury taxes are applicable for free night awards as well. But do let me confirm on this.
SPG terms are very clear that taxes for Preferred nights are not the responsibility of the member.
"“Free Night Awards” are each valid for one free night, single and/or double standard room only occupancy, at Participating Properties, and include the cost of your hotel room and room tax/service charge."
https://www.starwoodhotels.com/prefe..._terms.html#12
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Old Apr 21, 2009, 11:09 pm
  #28  
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Originally Posted by soitgoes
SPG terms are very clear that taxes for Preferred nights are not the responsibility of the member.
"“Free Night Awards” are each valid for one free night, single and/or double standard room only occupancy, at Participating Properties, and include the cost of your hotel room and room tax/service charge."
https://www.starwoodhotels.com/prefe..._terms.html#12
Dearest soitgoes,

But not necessary for properties in India and I do not want to make any claim without any certainty.

Do let me find out before replying.

[email protected]

Thyetus Lee | Online Forum Coordinator(AP)
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Old Apr 21, 2009, 11:14 pm
  #29  
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Originally Posted by Starwood Lurker II
But not necessary for properties in India and I do not want to make any claim without any certainty.
It is good for you to check SPG practices, but I would interpret any taxes being due from the member on any award reservation as SPG violating the terms they wrote.
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Old Apr 21, 2009, 11:31 pm
  #30  
 
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Originally Posted by Bondiboy
It is (or at one time, was) a local law that the hotel will impose a tax on the rack rate for a free room. This happened to me at the Hyatt Regency Delhi so I guess that the charge is legit.
I've had to pay this beast many times - so I can confirm that it is standard practice for hotels and Indian tax authorities to interpret Indian tax laws in this way (using unique license raj logic!). It's a similar principle (and makes about as much sense as) imposing income tax on all lawyers in India based on the income of the highest paid lawyer in India regardless of actual income earned. If you want a laugh trawl the threads about the requirement on airlines to collect taxes of hundreds of dollars from pax upgraded ex-India....
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