Holiday Homes Laws in Myanmar

Holiday Homes Laws in Myanmar

Myanmar

Introduction
Introduction to Holiday Homes in Myanmar

Myanmar, with its stunning landscapes and rich cultural heritage, has become an increasingly popular destination for travelers seeking unique experiences. From the ancient temples of Bagan to the serene waters of Inle Lake, short-term rentals, often referred to as guesthouses or vacation rentals, provide an authentic way for visitors to immerse themselves in the local culture. The rise of these rentals has not only enhanced the travel experience but also contributed significantly to the country's economy. In 2023 alone, the government generated substantial revenue from short-term rental activities, reflecting the growing importance of this sector. Popular platforms like Airbnb and Agoda have become go-to options for booking accommodations in Myanmar, further driving the expansion of this market.

Overview

Myanmar, with its stunning landscapes and rich cultural heritage, has become an increasingly popular destination for travelers seeking unique experiences. From the ancient temples of Bagan to the serene waters of Inle Lake, short-term rentals, often referred to as guesthouses or vacation rentals, provide an authentic way for visitors to immerse themselves in the local culture. The rise of these rentals has not only enhanced the travel experience but also contributed significantly to the country's economy. In 2023 alone, the government generated substantial revenue from short-term rental activities, reflecting the growing importance of this sector. Popular platforms like Airbnb and Agoda have become go-to options for booking accommodations in Myanmar, further driving the expansion of this market.

Property
Overview

As of November 2024, Myanmar does not have a dedicated national association specifically for short-term rental (STR) owners and operators. The Ministry of Hotels and Tourism serves as the primary regulatory body overseeing tourism accommodations, including STRs. They are responsible for licensing, compliance, and promoting community-based tourism initiatives.

For non-resident property owners seeking guidance or support, the Ministry offers resources and assistance. While there isn't a specific association for STR owners, non-resident owners can engage with the Ministry to understand regulatory requirements and best practices.

Property
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short term rentals
What is Holiday Homes in Myanmar?
What are short Term Rentals in the Country?

In Myanmar, short-term rentals are brief accommodations, catering to tourists and business travelers. Options include apartments, guesthouses, villas, and traditional homes, offering a more localized experience than hotels. These rentals are commonly referred to as "guesthouses" or "inns" in smaller towns and as "serviced apartments" or "temporary stays" in larger cities.

Is Subletting Legal?
Is Subletting Legal in Myanmar?

In Myanmar, it is generally illegal for a tenant to operate a short-term rental in their apartment, especially for foreign tourists, as per the 1947 Immigration Act. . Tenants, including foreigners with business visas and permanent residents, would still require permission from landlords and possibly homeowners associations. Any rental to foreign guests without proper licensing can lead to penalties, including up to three years of imprisonment.

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

According to information available, there is no officially sanctioned maximum length of stay for short-term rentals in Myanmar, as these rentals are generally prohibited for tourists. Under Myanmar’s 1947 Immigration Act, foreign visitors on tourist visas are required to stay in registered hotels or guesthouses, making private short-term rentals illegal for them. The maximum length of stay concept does not apply under the current legal framework, as these accommodations are not legally permitted for tourists.

Is there any National Registration Requirement or Permit?

The procedures to obtain a permit for short-term rental properties in Myanmar through the Ministry of Hotels and Tourism generally involve the following steps:

The procedures to obtain a permit for short-term rental properties in Myanmar through the Ministry of Hotels and Tourism generally involve the following steps:

  1. Application Submission:
    • Property owners or managers must submit an application for registration and licensing to the Ministry of Hotels and Tourism. This includes providing details about the property, such as its location, type, and capacity, along with ownership documents.
  2. Compliance with Health and Safety Protocols:
    • The property must meet specific health and safety standards, often verified through an inspection. Properties can apply for the Health and Safety Protocol (HSP) certification to ensure compliance with national requirements.
  3. License and Registration Fee:
    • Payment of the necessary licensing fees is required. The fees may vary based on property size, location, and type. Proof of payment should accompany the application.
  4. Approval and Certification:
    • Once the Ministry reviews the application, inspects the property, and confirms compliance with standards, they issue a license. The property is then added to the central registry as a legally compliant lodging option.
  5. Ongoing Compliance:
    • Licensed properties must provide a list of foreign guests with passport information daily to local authorities, in line with Myanmar's security protocols.
Is there a need for Permission from Landlord/Local Council/Neighbors?

In Myanmar, operating short-term rentals in private homes or unregistered guesthouses is illegal under strict laws that require foreign tourists to stay only in registered hotels or guesthouses. This restriction means that hosts only need permission from local councils, or neighbors when their short-term rentals properties are officially registered.

Is Short-term rental Income taxable?

In Myanmar, the applicable taxes on income from short-term rentals are as follows:

1. Personal Income Tax (PIT)

  • Rate: Progressive, up to a maximum of 25%.
  • Filing Date: PIT returns are due within three months from the end of the income year, with final payments due within 21 days of the notice issued by the Internal Revenue Department (IRD).
  • Exemptions: Standard allowances may apply to reduce taxable income, but there are no specific exemptions for hosts below a certain income threshold.

2. Commercial Tax (Comparable to VAT or GST)

  • Rate: 5% for services, including rentals, unless specifically exempted.
  • Threshold: Domestic production, trading, and services under 15 million kyats are exempt from this tax.
  • Filing: Typically filed with quarterly payments.

There is no specific VAT in Myanmar, but the commercial tax serves as an indirect tax at a 5% rate.

In Myanmar, the main taxes applicable to income from short-term rentals include income tax and commercial tax (similar to VAT or GST).

Is there any National Tourism Fund or Tourist Tax?

Myanmar does not require hosts to contribute to national tourism boards or funds, nor to collect taxes directly from guests for short-term rentals. Applicable taxes include a 5% commercial tax on services and personal or corporate income tax based on the host’s income, but these do not mandate guest tax collection. There is no mention of specific lodging taxes or tourism fund contributions.

Is there any Guest Registration and Reporting Requirement?

Yes, in Myanmar, hosts are required to register and report guest information to national authorities. According to the 1947 Immigration Act and Myanmar Hotel and Tourism Law, all registered hotels and guesthouses must provide daily lists of foreign guests, including passport details, to local police or immigration offices. This regulation ensures that authorities have updated information on tourists staying in licensed accommodations, and it applies strictly to registered and licensed properties, as renting private homes without a license is illegal for hosting tourists in Myanmar.

Is there any National Health and Safety Requirements?

The nationwide health and safety standards for short-term rental properties in Myanmar, according to the ILO’s "Introduction to Laws on Occupational Safety and Health in Myanmar 2020," emphasize the following key elements:

  1. Occupational Safety and Health (OSH) Management:
    • OSH standards are designed to protect workers, which indirectly applies to maintaining safe environments in rental properties.
    • Standards emphasize the importance of systems to increase productivity and ensure worker and guest safety.
  2. Gaps in Legal Framework:
    • Myanmar’s OSH laws are described as "piecemeal," with existing standards covering general workplace safety but lacking specific provisions tailored for all property types, such as short-term rentals.
    • The guide suggests a need to address these gaps for comprehensive health and safety coverage across all industries.
  3. Employer Responsibilities:
    • Employers, including property operators, are encouraged to adopt sound OSH practices, like implementing risk management, regular inspections, and safety measures to prevent harm.
Is there any Platform Accountability Requirement?

Yes, online platforms are expected to ensure that short-term rental (STR) listings in Myanmar comply with national laws and regulations. Myanmar’s strict laws, particularly the 1947 Immigration Act and Myanmar Hotel and Tourism Law, mandate that foreign tourists can only stay in licensed hotels or registered guesthouses. This led Airbnb to suspend all listings in Myanmar in response to these regulations, as unregistered accommodations are not permitted to host tourists.

Is there any Anti-Discrimination Law?

In Myanmar, there are no national laws that specifically prohibit discrimination against guests in short-term rentals. The legal framework lacks anti-discrimination protections in housing, leaving guests without formal recourse if they face discrimination. Broader issues of systemic discrimination, particularly against ethnic and religious minorities, have been documented by organizations like Amnesty International. This highlights the need for comprehensive anti-discrimination laws across all sectors, including accommodations.

Is there any Data Sharing Requirements?

According to the provided information, Myanmar mandates that all hotels and guesthouses must provide local authorities, such as police or immigration offices, with a daily list of foreign guests, including passport details. However, there is no explicit indication that short-term rental (STR) platforms themselves are directly required to share data with the government. Instead, compliance with local regulations relies on registered hotels and guesthouses to report guest information. STR platforms like Airbnb have suspended listings in Myanmar due to these strict regulations, which restrict unregistered properties from hosting foreign tourists.

Is there any National Insurance Requirement?

There is no mention of any specific mandate for hosts in Myanmar to have liability insurance for short-term rental (STR) properties. Current regulations primarily focus on the requirement that only licensed hotels and registered guesthouses can accommodate tourists, with strict penalties for unregistered rentals. Liability insurance requirements are not explicitly addressed. However, hosts are encouraged to check with local authorities or consult legal advisors to ensure compliance with all applicable regulations and best practices, as Myanmar’s STR policies are stringent.

Is there any National Zoning law/Cultural Heritage law?

The Myanmar Tourism Law (2018) protects culturally and historically significant areas by mandating that tourism activities, including short-term rentals, respect Myanmar's cultural heritage, customs, and environment. Specifically:

  1. Guidelines and Licensing Requirements: Any individual or business wishing to operate tourism services, such as hotels and guesthouses, must apply for a license from the Regional Tourism Executive Committee. These licenses are subject to terms that emphasize the conservation of cultural and natural heritage.
  2. Responsible and Sustainable Tourism: The law promotes responsible tourism, mandating that operators uphold social and economic ethics and avoid activities that could harm Myanmar's heritage. The Central and Regional Tourism Committees are responsible for ensuring tourism aligns with Myanmar's cultural values and conservation goals.
  3. Tourism Committee Oversight: The law establishes committees at national, regional, and state levels to oversee tourism development. These committees coordinate with government agencies to preserve significant cultural areas, review new tourism proposals, and restrict unauthorized construction or renovations in heritage zones.
Is there any Environmental Regulations that affects STR?

According to Myanmar's National Environmental Policy (2019) and Myanmar Tourism Law (2018) there are no specific sustainability requirements for short-term rentals, but the policy provides guidelines that affect the sector indirectly:

  1. Mainstreaming Environmental Protection: The policy requires that environmental protection be integrated into decision-making at all government levels and sectors, which includes tourism and potentially short-term rentals.
  2. Sustainable Development Goals: It emphasizes the need for sustainable practices across all industries to address climate change, conserve ecosystems, and balance environmental protection with development needs.
  3. Long-Term Guidance for Sustainability: The policy provides strategic, long-term guidance, ensuring environmental considerations are central to Myanmar’s development, indirectly urging short-term rental operators to adopt sustainable practices aligned with national goals.

While not specific to short-term rentals, these principles encourage operators to engage in environmentally responsible practices that align with Myanmar's sustainable development objectives.

Is there any National Tenant Protection Law?

Myanmar's Tenancy Law (1963) focuses on agricultural leases and does not protect residential tenants from eviction for property conversion to short-term rentals. Currently, no residential tenancy laws safeguard long-term tenants in this context. UN human rights experts have raised concerns about forced evictions in Myanmar, viewing them as violations of the right to adequate housing and fundamental rights. These reports emphasize the need for legal frameworks to prevent arbitrary displacement and protect vulnerable long-term tenants.

Is there any Reporting Requirements for Foreigners?

In Myanmar, hotels must report foreign guests to immigration authorities as part of national monitoring efforts. They must:

  1. Register Guests with detailed information like passport and visa details upon check-in.
  2. Report Daily to local immigration, either through forms or online, based on regional infrastructure.
  3. Maintain Records that may be inspected by authorities.

Under the Myanmar Tourism Law (2018), compliance with these reporting obligations is mandated, with penalties for non-compliance, such as fines or license suspension. Hotel operators are advised to stay updated, implement proper procedures, and train staff on accurate reporting.

Is there any Digital Platform Regulation Compliance?

According to information available, platforms listing short-term rental (STR) properties in Myanmar must verify compliance with national regulations. The 1947 Immigration Act and strict Myanmar Hotel and Tourism Law prohibit foreign tourists from staying in unregistered accommodations, limiting STR options to licensed hotels and guesthouses. This regulation prompted platforms like Airbnb to suspend all listings in Myanmar to avoid non-compliance. Therefore, platforms need to ensure that only registered and compliant properties are listed, as non-compliance can result in severe penalties, including imprisonment for property owners renting unlicensed accommodations.

Is there any Consumer Protection Law that affect STR?

In Myanmar, the Consumer Protection Law (2019) outlines requirements for fair business practices and consumer rights in various sectors, including short-term rentals. This law, consisting of 25 chapters and 84 sections, ensures that contracts comply with consumer protection standards by mandating transparent information, fair treatment, and accountability from service providers. Short-term rental agreements must adhere to these principles, safeguarding consumers from misleading terms and promoting equitable dealings. The law emphasizes modern consumer rights, reflecting updated standards for fair trading and transparency across Myanmar.

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

In Myanmar, non-residents face strict regulations on short-term rental ownership and operations:

  1. Ownership Restrictions: Foreigners cannot own immovable property and may lease for only one year. Companies with up to 35% foreign ownership are permitted limited leases but not ownership.
  2. Tax Obligations: Non-residents pay a 10% rental income tax and may face additional withholding taxes, such as 15% on interest. Registration with the Internal Revenue Department and annual tax filings are required.
  3. Compliance Requirements: Leases over one year incur stamp duty, and rental activities may require specific licenses and adherence to local zoning laws.
Is there any classification of STR in the country?

The classification of short-term rentals (STR) in Myanmar appears to be strictly regulated under national laws, especially through oversight by the Ministry of Hotels and Tourism. The government mandates that all accommodations for foreign tourists must be in licensed hotels or guesthouses that comply with the Health and Safety Protocol (HSP) certification and registration requirements set by the Ministry.

In this framework:

  1. Licensed Hotels and Guesthouses: Only registered hotels and guesthouses are legally authorized to accommodate tourists, aligning with Myanmar’s Health and Safety Protocol requirements.
  2. Community-based Tourism: Myanmar promotes tourism in a way that allows for authentic local experiences while ensuring that accommodations and services are compliant with national health, safety, and licensing standards.

Are there Special National Event Regulations?

In Myanmar, national events and holidays may bring temporary regulations affecting short-term rentals to maintain public safety and respect cultural norms. These can include curfews, restricted movement, enhanced security with stricter ID checks, noise limits, and possible restrictions on rental length or operations. Rental hosts should stay updated on regulations, inform guests of any limitations, and comply to avoid penalties. Checking with local authorities before events can help operators maintain a compliant and respectful environment.

Is there any Penalty for Violating National Rules?

In Myanmar, national short-term rental regulations strictly prohibit renting to tourists in unregistered accommodations, such as private homes or guesthouses that lack official permits. The penalties for non-compliance with these regulations, include the possibility of imprisonment for up to three years.

In Myanmar, failure to comply with tax obligations, including taxes related to short-term rental income, can result in significant penalties. According to the tax administration laws, if a taxpayer does not settle their tax dues within 21 days of receiving a notice from the Internal Revenue Department (IRD), they are classified as a defaulter. This classification can lead to additional fines, interest on the overdue amount, and potentially more severe consequences based on the nature of the non-compliance.

Are there National Rules or Regulations Governing Short-Term Rentals in Myanmar?
Are there National Rules or Regulations Governing Short-Term Rentals in the Country?
Is there any National Tax that affects short-term rental?
permits, license
Are there any Permits, Licenses, or Registrations for Holiday Homes in Myanmar?
Are there any Permits, Licenses, or Registrations for Short-term Rentals in the Country?

The procedures to obtain a permit for short-term rental properties in Myanmar through the Ministry of Hotels and Tourism generally involve the following steps:

The procedures to obtain a permit for short-term rental properties in Myanmar through the Ministry of Hotels and Tourism generally involve the following steps:

  1. Application Submission:
    • Property owners or managers must submit an application for registration and licensing to the Ministry of Hotels and Tourism. This includes providing details about the property, such as its location, type, and capacity, along with ownership documents.
  2. Compliance with Health and Safety Protocols:
    • The property must meet specific health and safety standards, often verified through an inspection. Properties can apply for the Health and Safety Protocol (HSP) certification to ensure compliance with national requirements.
  3. License and Registration Fee:
    • Payment of the necessary licensing fees is required. The fees may vary based on property size, location, and type. Proof of payment should accompany the application.
  4. Approval and Certification:
    • Once the Ministry reviews the application, inspects the property, and confirms compliance with standards, they issue a license. The property is then added to the central registry as a legally compliant lodging option.
  5. Ongoing Compliance:
    • Licensed properties must provide a list of foreign guests with passport information daily to local authorities, in line with Myanmar's security protocols.
Is there any National Association for Holiday Homes owners in Myanmar?
Is there any National Association for STR owners in the Country?

As of November 2024, Myanmar does not have a dedicated national association specifically for short-term rental (STR) owners and operators. The Ministry of Hotels and Tourism serves as the primary regulatory body overseeing tourism accommodations, including STRs. They are responsible for licensing, compliance, and promoting community-based tourism initiatives.

For non-resident property owners seeking guidance or support, the Ministry offers resources and assistance. While there isn't a specific association for STR owners, non-resident owners can engage with the Ministry to understand regulatory requirements and best practices.

National Association for STR Owners
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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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