The state government wants to put a spanner in the works for the city of Munich when it comes to the bed tax planned there. But the mayor doesn't want to just accept that without a fight.
Munich (dpa / lby) - Munich's Mayor Dieter Reiter (SPD) wants to sue against the state government's announcement of a no to a bed tax for hotels in the state capital. The application for approval of the tax should be submitted to the government of Upper Bavaria, subject to the planned city council decision, said Reiter of the German Press Agency in Munich. "And if we then get a refusal, we will go to the administrative court."
After a cabinet meeting on Tuesday, the head of the state chancellery, Florian Herrmann (CSU), said that the state government had legal concerns about a bed or accommodation tax. The district government would have to approve their introduction - Reiter is therefore now firmly assuming that the approval will not be granted.
At the same time, Herrmann also announced an amendment to the municipal tax law on Tuesday - to rule out a bed tax for hotels in Bavaria from the outset and in principle. If this change in the law comes quickly, Reiter sees no chance for the bed tax. "Then a lawsuit against the government of Upper Bavaria would have been unnecessary," he said. According to him, a legal review procedure before the Bavarian Constitutional Court would be conceivable - but with reasonable prospects of success. "Then it would be rather difficult to force the legislature to withdraw the ban," said the SPD politician. "In addition, the process would also drag on longer."
The initiative of the state capital plans to levy a bed tax of five percent on overnight stays in hotels from 2023. Leisure and business trips should be affected, but not minors or offers that cannot be directly assigned to overnight stays, such as breakfast or wellness offers. The city recently hoped for additional income of at least 58 million euros.
The Bavarian Association of Cities rejects the Bavaria-wide ban on bed taxes for hotels planned by the state government. The municipalities should be able to decide for themselves whether to levy such taxes, Managing Director Bernd Buckenhofer said on Thursday. The City Day pointed out that a number of cities outside of Bavaria levy bed taxes, which then also affect Bavarian tourists.
"The city council is on our side," said Reiter and reported: "I also get letters from mayors and from other parties that we shouldn't let ourselves be defeated."
Reiter accused Prime Minister Markus Söder (CSU) and the state government of giving in to the hotel and restaurant association. "Apparently the lobby of the hotels did a great job - which, to be honest, I find annoying."
Reiter argued that a bed tax would primarily benefit Munich residents, who would have to pay such bed taxes regularly in other federal states. "The CSU has always argued that way with the car toll - just strangely enough not with the bed tax," criticized Reiter.
