Airbnb Laws in Argentina

Airbnb Laws in Argentina

Argentina

Introduction
Introduction to Airbnb in Argentina

Argentina's short-term rental market, commonly referred to as alquileres temporarios or alquileres de corta estadía, has become a vibrant and integral part of the country's tourism landscape. From the bustling streets of Buenos Aires to the breathtaking landscapes of Patagonia, popular destinations across the country have embraced this trend, offering travelers a diverse range of accommodations. The rise of short-term rentals has not only provided unique and personalized lodging experiences but has also had a significant economic impact. In 2023, the Argentine government generated substantial income from this sector, highlighting its importance to the national economy. Platforms like Airbnb and Booking.com are among the most popular choices for listing and booking these accommodations, making it easier for visitors to find their perfect stay in Argentina.

Overview

Argentina's short-term rental market, commonly referred to as alquileres temporarios or alquileres de corta estadía, has become a vibrant and integral part of the country's tourism landscape. From the bustling streets of Buenos Aires to the breathtaking landscapes of Patagonia, popular destinations across the country have embraced this trend, offering travelers a diverse range of accommodations. The rise of short-term rentals has not only provided unique and personalized lodging experiences but has also had a significant economic impact. In 2023, the Argentine government generated substantial income from this sector, highlighting its importance to the national economy. Platforms like Airbnb and Booking.com are among the most popular choices for listing and booking these accommodations, making it easier for visitors to find their perfect stay in Argentina.

Property
Overview

Argentina does not have a national association specifically for Short-Term Rental (STR) owners and operators. However, the Vacation Rental Management Association (VRMA) serves as a global community supporting vacation rental professionals, including those in Argentina.

Services and Support Provided by VRMA:

  • Education and Training: Offers webinars, certification programs, and events to improve industry knowledge.
  • Networking Opportunities: Facilitates global connections among vacation rental professionals to share best practices.
  • Advocacy: Works with policymakers to establish fair industry regulations.
  • Research and Resources: Provides access to market trends, research, and industry news.

Membership for Non-Resident Owners:

  • Open to vacation rental managers, owners, and suppliers worldwide.
  • Non-residents can join and benefit from VRMA’s services.
  • Details on membership fees and procedures are available on the VRMA website.

While VRMA offers global support, local regulations and resources for STRs in Argentina vary by municipality. Owners should also seek guidance from regional authorities or associations in their area.

Property
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short term rentals
What is Airbnb in Argentina?
What are short Term Rentals in the Country?

In Argentina, short-term rentals are commonly referred to as “alquileres temporarios” or “alquileres turísticos” in Spanish whichare generally defined as properties rented out for a limited period, typically ranging from a few days to a few months, primarily for tourism or business purposes. Short-term rentals are more flexible and often designed to accommodate travelers and tourists on a temporary basis.

Is Subletting Legal?
Is Subletting Legal in Argentina?

In Argentina, tenants typically cannot operate short-term rentals in their apartments without the landlord's explicit consent. Most residential leases prohibit subleasing or commercial use like short-term rentals, and doing so without permission can lead to eviction or legal action. However, with landlord approval, tenants may be allowed to host short-term rentals if both parties formalize their agreement in writing to prevent future disputes.

National Association for STR Owners
What is the maximum length of stay in Argentina?
What is the maximum length of stay?

Argentina does not have a nationwide maximum length of stay for short-term rentals. However, individual cities have specific limits on the maximum length of temporary rentals. In Buenos Aires, the city’s regulations permit short-term rentals for up to six months, typically targeting tourists and business travelers. This limit applies to fully furnished properties, distinguishing them from long-term rentals, which have a minimum two-year lease requirement.

Is there any National Registration Requirement or Permit?

In Argentina, short-term rental registration requirements are generally local rather than nationwide. Specific cities, like Buenos Aires, have implemented their own laws regarding short-term rental registration and permits, but there is no overarching national database or centralized registration for short-term rentals throughout Argentina.

To legally operate a short-term rental (STR) in Buenos Aires, property owners must follow these steps:

  1. Property Registration:
    • Obtain a City Code (Clave Ciudad) for access to the city’s Remote Procedures (TAD) system.
    • Register the property through the TAD system and receive a registration number for all STR listings.
  2. Required Documentation:
    • Proof of ownership or authorization to manage the rental.
    • Health and safety certificates for electrical and gas installations.
    • Civil liability insurance.
    • Co-ownership building bylaws (if applicable), with proof of communication to the building administration.
  3. Health and Safety Requirements:
    • Equip the property with smoke detectors, fire extinguishers, first aid kits, and multilingual safety instructions.
    • Ensure child safety measures, such as window and balcony protections.
  4. Urban Use Right (DUU) Fee:
    • Collect a fee of 75 US cents per day from non-resident guests over 12 years old and remit it bimonthly via the AGIP website.
  5. Guest Information Log:
    • Maintain detailed records of guest information, including name, nationality, ID, and stay dates.
  6. Associated Fees:
    • Pay applicable registration and DUU fees as required by the local government.
  7. Additional Considerations:
    • Review co-ownership bylaws and mortgage agreements for restrictions on STRs.
    • Ensure insurance policies cover STR activities.
Is there a need for Permission from Landlord/Local Council/Neighbors?

Yes, hosts in Argentina, particularly in cities like Buenos Aires, need permission from local councils, or neighbors to operate short-term rentals.

  • Local Council Requirements: cities like Buenos Aires, require hosts to register with local authorities. For instance, Buenos Aires law requires hosts to register with the city's tourism entity and obtain a registration number for their listings, which includes meeting specific safety and health standards. While this registration does not always mean specific council "permission," it does establish that short-term rental activities are monitored by local government.
  • Neighbor Relations: While formal permission from neighbors is not a universal requirement, it is recommended that hosts communicate with neighbors about their plans to rent the property. This can prevent conflicts, especially if local regulations impose restrictions on noise, occupancy, or shared amenities.
Is Short-term rental Income taxable?

In Argentina, income from short-term rentals (STRs) is subject to several national taxes, primarily Income Tax (Impuesto a las Ganancias) and Value Added Tax (VAT, known locally as IVA). Here is an overview of applicable taxes and exemptions:

  1. Income Tax: Rental income, including from STRs, is generally subject to Argentina's income tax. This tax is progressive, with higher income earners taxed at a higher rate. There are no specific exemptions for STR hosts based on income levels, but general income tax thresholds and deductions apply. This tax is progressive, ranging from 5% to 35%, applying higher rates to higher income brackets.
  2. Value Added Tax (IVA): VAT is applied at a rate of 21% on short-term rental income in most cases. However, the VAT applies only if the property is rented for periods of fewer than six months and does not serve as the renter’s primary residence. VAT on short-term rentals does not have exemptions based on earnings and is uniformly charged, though there are potential VAT credits that can offset the tax for property expenses related to rental activities.
  3. Urban Use Right (DUU): In Buenos Aires, hosts must collect an additional fee (DUU) from non-resident travelers over 12 years old and remit it to the city government. This fee is 75 US cents per person, per day, and is separate from VAT and income tax.

Hosts should stay updated with local and national regulations, as exemptions or specific requirements may vary by jurisdiction, and tax policies are periodically updated by Argentina’s national and city tax authorities.

Is there any National Tourism Fund or Tourist Tax?

In Argentina, hosts of short-term rentals in Buenos Aires are required to collect and remit the Urban Use Right (DUU) fee for non-resident guests over 12 years old, which is set at 75 US cents per person per day. This fee, separate from VAT and income taxes, must be collected at checkout and reported to the Buenos Aires City Government bimonthly. There are no contributions specified for national tourism boards or funds, but hosts should stay updated on local regulations as these may vary across jurisdictions.

Is there any Guest Registration and Reporting Requirement?

However, there are no broad national mandates across Argentina that require hosts to report guest information specifically to immigration or police authorities. But hosts are generally required to register and keep records of guest information which hosts are expected to have them available if needed for safety and compliance purposes. This registration process includes guest information such as guests' full names, nationalities, addresses, entry and exit dates, and identity documents. These records can be kept digitally or on paper, but hosts are expected to have them available if needed for safety and compliance purposes.

Is there any National Health and Safety Requirements?

In Argentina, particularly in Buenos Aires, health and safety standards for short-term rental properties include specific requirements outlined by local authorities. Hosts must:

  1. Meet Safety Installation Standards: These include certified electrical and natural gas installations, autonomous smoke detectors, and fire extinguishers. If the property hosts families with young children, window and balcony protections are also mandated.
  2. Maintain Safety Equipment and Instructions: A first aid kit, evacuation instructions in multiple languages (Spanish, English, and Portuguese), and emergency contact numbers must be accessible to guests. Other safety measures include labeled electricity and gas shutoff points, and a list of preventive suggestions, like not overloading electrical outlets.
  3. Obtain Professional Safety Certifications: A certified technician must confirm the functionality of electrical and gas systems, and hosts must also provide civil liability insurance against third-party damages.
Is there any Platform Accountability Requirement?

There is no explicit mandate requiring online platforms (such as Airbnb) to ensure that individual short-term rental listings comply with all national laws and regulations in Argentina. Instead, the focus is on providing hosts with the necessary information and tools to help them understand and fulfill their legal obligations, including property registration and compliance with local laws.

Is there any Anti-Discrimination Law?

In Argentina, several national laws protect against discrimination in various sectors, including short-term rentals. Argentina's anti-discrimination framework includes Ley 23.592 (1988), which prohibits discrimination based on race, religion, ethnicity, and ideology, imposing civil penalties and compensation for those affected. Ley 24.515 established INADI (National Institute Against Discrimination, Xenophobia, and Racism), which promotes equality and handles discrimination complaints, including in housing and hospitality. Additionally, Argentina’s Constitution incorporates international human rights treaties, such as the ICERD, that further protect against racial, national, and ethnic discrimination. Collectively, these laws and treaties ensure protections against discriminatory practices in sectors like short-term rentals.

Is there any Data Sharing Requirements?

Yes, in Argentina, specifically in the Autonomous City of Buenos Aires, short-term rental platforms and hosts are required to share certain data with local government authorities under local laws. Law 6255 and Resolution 138/ENTUR/20 mandate that all properties used for short-term rentals be registered with the Tourism Entity of Buenos Aires. This involves hosts obtaining a registration number for each rental unit and displaying it on their listings. This registration helps the government monitor compliance with health, safety, and legal standards.

Is there any National Insurance Requirement?

Yes, in Argentina, specifically in the Autonomous City of Buenos Aires, there is a civil liability insurance requirement for short-term rental properties. According to local regulations under Law 6255 and Resolution No. 138 / ENTUR / 20, hosts are required to obtain civil liability insurance covering potential damages to third parties within the rented property. This insurance serves as a layer of protection for both the host and guests, ensuring that liability for accidents or property damage is covered by an adequate insurance policy.

Is there any National Zoning law/Cultural Heritage law?

Argentina has implemented various regulations to protect culturally and historically significant areas from the potential impact of short-term rentals, especially in Buenos Aires. Specific rules include limitations on the types of properties allowed for short-term rentals and requirements for obtaining permits that take into account local ordinances aimed at preserving heritage sites. These regulations are part of broader urban policies to maintain cultural integrity in neighborhoods with historical significance, particularly by managing tourism flow and controlling property usage in protected zones.

Is there any Environmental Regulations that affects STR?

In Argentina, sustainable practices for short-term rentals are encouraged through various environmental initiatives, primarily emphasizing energy efficiency, water conservation, waste reduction, and use of eco-friendly materials. Hosts are advised to:

  1. Use Energy-Efficient Installations: This includes installing energy-efficient appliances, smart thermostats, and LED lighting. These upgrades help conserve energy, often paired with initiatives like solar power adoption and green energy purchases where feasible.
  2. Implement Water Conservation Measures: Water-saving fixtures and regular maintenance to prevent leaks are recommended to reduce water usage. Hosts are also encouraged to educate guests on responsible water use.
  3. Minimize Waste: Short-term rentals can support recycling, composting, and reducing single-use plastics by providing guests with reusable options. Using biodegradable cleaning products and sustainably sourced furniture further aligns with eco-friendly goals.
  4. Engage Guests in Sustainable Practices: Offering information on sustainable local businesses and transportation options encourages responsible tourism.
Is there any National Tenant Protection Law?

The 2020 Rental Law in Argentina provides protections for long-term tenants against displacement due to the landlord's interest in using properties for short-term rentals. This law mandates a minimum three-year lease term, with regulated rent adjustments, making it challenging for landlords to abruptly end leases to pursue potentially more profitable short-term rentals.

The law also stipulates that landlords must maintain the property and perform necessary repairs. This gives tenants leverage to ensure livable conditions, discouraging landlords from prioritizing short-term rental aesthetics over essential long-term tenant needs. While these protections primarily target economic stability, they indirectly shield tenants from being evicted solely for short-term rental conversions.

Is there any Reporting Requirements for Foreigners?

In Argentina, there are no reporting requirements for foreigners except for the fact that short term rental host are required to collect specific information—such as full name, nationality, ID or passport number, contact details, and stay duration—for internal record-keeping and compliance with local regulations. This information may be provided to authorities if requested.

Is there any Digital Platform Regulation Compliance?

Platforms listing short-term rental properties in Argentina are expected to support compliance with national and local regulations, especially in cities like Buenos Aires. Law 6255 requires hosts in Buenos Aires to register with the city's tourism authority, meeting health, safety, and insurance standards. While platforms like Airbnb aren't directly responsible for enforcing these rules, they are encouraged to ensure hosts provide proof of registration and compliance with local laws.

Is there any Consumer Protection Law that affect STR?

In Argentina, short-term rental contracts must comply with consumer protection standards as outlined by Consumer Protection Law No. 24,240 (CPL), the Civil and Commercial Code (CCC), and regulatory decrees. Key regulations include the following:

  1. Consumer Definition: CPL and CCC define consumers as individuals or entities that use goods and services for personal, family, or social group use.
  2. Supplier Obligations: Short-term rental providers must treat consumers fairly, provide transparent information, and ensure the advertised features of a rental property align with its actual condition, thereby avoiding deceptive practices.
  3. Information Transparency: Suppliers are required to provide consumers with accurate, detailed information regarding the terms, conditions, and essential features of rental properties.
  4. Protections on Service Quality: CPL mandates that services (like short-term rentals) meet specific quality and safety standards, allowing consumers to seek remedies if properties do not meet these standards.
  5. Enforcement and Remedies: Consumer protection is enforced through national and provincial agencies. Consumers may seek compensation through refunds, replacement services, or price reductions if rentals fail to meet promised standards.

Is there any Law that applies to Non-resident Owners?

n Argentina, non-resident property owners offering short-term rentals must comply with specific regulations and taxes:

  1. Residency Requirements: Foreigners may own property without restrictions but must obtain a tax identification number (CUIT) for transactions. In cities like Buenos Aires, they must also register their properties for rental.
  2. Tax Obligations: Non-resident owners pay a 24.5% income tax on rental earnings, a 21% VAT on rental services, municipal taxes based on property value, and a daily Urban Use Right fee of $0.75 USD per guest over 12 in Buenos Aires.
  3. Compliance and Reporting: Hosts must register properties with authorities, provide safety certifications, maintain liability insurance, and keep a guest information log.

Failure to meet these obligations can lead to fines or legal action

Is there any classification of STR in the country?

In Argentina, Specially Designated Territories (STR) (Territorios Especialmente Designados) are classified based on taxation, economic development, and environmental protection policies. These designations aim to stimulate investment, provide benefits, or enforce specific regulations in strategic or sensitive areas. Key classifications include:

  1. Economic and Industrial STRs: Include tax-incentive zones like Tierra del Fuego (a tax-free manufacturing zone) and Zona Franca (free trade zones with customs and tax benefits).
  2. Environmental STRs: Comprise protected areas such as national parks (e.g., Iguazú, Los Glaciares), UNESCO biosphere reserves, and ecological preserves like Esteros del Iberá.
  3. Cultural and Heritage STRs: Encompass UNESCO World Heritage Sites like Quebrada de Humahuaca and Valdés Peninsula.
  4. Strategic STRs: Cover border zones with special regulations and the Antarctic territory, which is governed under specific laws and agreements.
  5. Tax and Financial STRs: Include areas with tax exemptions or incentives for export and tech industries.

These classifications target economic growth, environmental conservation, and cultural preservation while addressing strategic and financial needs.

Are there Special National Event Regulations?

During national events or holidays in Argentina, authorities may implement specific regulations to maintain public order and safety. These measures can impact short-term rentals in the following ways:

  • Stricter ID Verification: Hosts may be required to conduct more rigorous identity checks for guests to enhance security during high-profile events. This ensures that all occupants are properly documented.
  • Noise Restrictions: Local ordinances may enforce stricter noise control measures during certain hours to minimize disturbances, especially in residential areas. Hosts should inform guests about these regulations to prevent violations.
  • Curfews and Public Movement Restrictions: In exceptional cases, authorities might impose curfews or restrict movement in specific areas. While these measures primarily target public spaces, they can indirectly affect guests' mobility and access to rental properties.

Is there any Penalty for Violating National Rules?

In Argentina, non-compliance with national short-term rental regulations can lead to several penalties:

  • Fines: Operating a short-term rental without proper registration or permits may result in monetary fines .The amount varies based on the severity and duration of the violation.
  • Suspension of Operations: Authorities can order the suspension of rental activities until compliance is achieved.
  • Legal Action: Persistent non-compliance may lead to legal proceedings, potentially resulting in higher fines or other sanctions.
Are there National Rules or Regulations Governing Short-Term Rentals in Argentina?
Are there National Rules or Regulations Governing Short-Term Rentals in the Country?

n Argentina, the regulation of short-term rentals (STRs) primarily occurs at the municipal level, with notable regulations in cities like Buenos Aires.

Buenos Aires Regulations:

In Buenos Aires, Law 6255 and Resolution No. 138/ENTUR/20 govern short-term rentals. Hosts are required to register their properties with the city's Tourism Entity through the Remote Procedures system, obtaining a registration number that must be included in their listings. Compliance with health and safety standards is mandatory, including proper electrical and gas installations, smoke detectors, fire extinguishers, and first aid kits. Additionally, hosts must collect the Urban Use Right (DUU) fee from non-resident guests over 12 years old, set at 75 US cents per day, and remit it to the city government bimonthly.

National Considerations:

While there isn't a unified national framework specifically for STRs, general national laws apply:

  • Taxation: Income earned from short-term rentals is subject to national taxation. Hosts must report rental income and comply with tax obligations, including value-added tax (VAT) if applicable.
  • Tenant Laws: The Urban Rental Act No. 23,091 governs rental agreements, distinguishing between traditional long-term rentals and temporary rentals. Temporary rentals, often furnished and for periods up to six months, are subject to different regulations compared to long-term leases.

Recent Developments:

In 2024, Argentina's government, under President Javier Milei, abolished long-standing rent controls and many price regulations to revitalize the economy. This led to a significant increase in rental availability in Buenos Aires. While nominal rent prices rose, the real price, adjusted for inflation, decreased by 40%. These changes have sparked debate, with critics arguing that they increase economic hardship for the working class, while supporters view them as necessary for long-term stability.

Is there any National Tax that affects short-term rental?

In Argentina, the regulation of short-term rentals (STRs) primarily occurs at the municipal level, with notable regulations in cities like Buenos Aires.

Buenos Aires Regulations:

In Buenos Aires, Law 6255 and Resolution No. 138/ENTUR/20 govern short-term rentals. Hosts are required to register their properties with the city's Tourism Entity through the Remote Procedures system, obtaining a registration number that must be included in their listings. Compliance with health and safety standards is mandatory, including proper electrical and gas installations, smoke detectors, fire extinguishers, and first aid kits. Additionally, hosts must collect the Urban Use Right (DUU) fee from non-resident guests over 12 years old, set at 75 US cents per day, and remit it to the city government bimonthly.

National Considerations:

While there isn't a unified national framework specifically for STRs, general national laws apply:

  • Taxation: Income earned from short-term rentals is subject to national taxation. Hosts must report rental income and comply with tax obligations, including value-added tax (VAT) if applicable.
  • Tenant Laws: The Urban Rental Act No. 23,091 governs rental agreements, distinguishing between traditional long-term rentals and temporary rentals. Temporary rentals, often furnished and for periods up to six months, are subject to different regulations compared to long-term leases.

Recent Developments:

In 2024, Argentina's government, under President Javier Milei, abolished long-standing rent controls and many price regulations to revitalize the economy. This led to a significant increase in rental availability in Buenos Aires. While nominal rent prices rose, the real price, adjusted for inflation, decreased by 40%. These changes have sparked debate, with critics arguing that they increase economic hardship for the working class, while supporters view them as necessary for long-term stability.

Recommendations for Hosts:

  • Local Compliance: Hosts should consult local municipal regulations to ensure compliance with specific requirements in their area.
  • Tax Obligations: It's advisable to seek guidance from tax professionals to understand and fulfill national tax responsibilities related to rental income.
  • Legal Advice: Consulting with legal experts can help navigate the complexities of both national and local regulations affecting short-term rentals.
permits, license
Are there any Permits, Licenses, or Registrations for Airbnb in Argentina?
Are there any Permits, Licenses, or Registrations for Short-term Rentals in the Country?

In Argentina, short-term rental registration requirements are generally local rather than nationwide. Specific cities, like Buenos Aires, have implemented their own laws regarding short-term rental registration and permits, but there is no overarching national database or centralized registration for short-term rentals throughout Argentina.

To legally operate a short-term rental (STR) in Buenos Aires, property owners must follow these steps:

  1. Property Registration:
    • Obtain a City Code (Clave Ciudad) for access to the city’s Remote Procedures (TAD) system.
    • Register the property through the TAD system and receive a registration number for all STR listings.
  2. Required Documentation:
    • Proof of ownership or authorization to manage the rental.
    • Health and safety certificates for electrical and gas installations.
    • Civil liability insurance.
    • Co-ownership building bylaws (if applicable), with proof of communication to the building administration.
  3. Health and Safety Requirements:
    • Equip the property with smoke detectors, fire extinguishers, first aid kits, and multilingual safety instructions.
    • Ensure child safety measures, such as window and balcony protections.
  4. Urban Use Right (DUU) Fee:
    • Collect a fee of 75 US cents per day from non-resident guests over 12 years old and remit it bimonthly via the AGIP website.
  5. Guest Information Log:
    • Maintain detailed records of guest information, including name, nationality, ID, and stay dates.
  6. Associated Fees:
    • Pay applicable registration and DUU fees as required by the local government.
  7. Additional Considerations:
    • Review co-ownership bylaws and mortgage agreements for restrictions on STRs.
    • Ensure insurance policies cover STR activities.
Is there any National Association for Airbnb owners in Argentina?
Is there any National Association for STR owners in the Country?

Argentina does not have a national association specifically for Short-Term Rental (STR) owners and operators. However, the Vacation Rental Management Association (VRMA) serves as a global community supporting vacation rental professionals, including those in Argentina.

Services and Support Provided by VRMA:

  • Education and Training: Offers webinars, certification programs, and events to improve industry knowledge.
  • Networking Opportunities: Facilitates global connections among vacation rental professionals to share best practices.
  • Advocacy: Works with policymakers to establish fair industry regulations.
  • Research and Resources: Provides access to market trends, research, and industry news.

Membership for Non-Resident Owners:

  • Open to vacation rental managers, owners, and suppliers worldwide.
  • Non-residents can join and benefit from VRMA’s services.
  • Details on membership fees and procedures are available on the VRMA website.

While VRMA offers global support, local regulations and resources for STRs in Argentina vary by municipality. Owners should also seek guidance from regional authorities or associations in their area.

National Association for STR Owners

Disclaimer

Lodge compliance is not a licensed tax or financial advisor. Therefore nothing in the above article should be construed as tax, legal, or financial advice. Contact your local tax office for information regarding your personal circumstance.

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