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.