可短期租賃 Laws in Taiwan

可短期租賃 Laws in Taiwan

Taiwan

Introduction
Introduction to 可短期租賃 in Taiwan

Short-term rentals, commonly known as 日租套房 (daily rental suites) or 短租 (short-term rentals) in Taiwan, have become a significant aspect of the travel experience for both locals and international visitors. Popular destinations such as Taipei, Kaohsiung, and Taichung attract tourists eager to explore Taiwan's vibrant cities and stunning natural landscapes. The rise of these rentals has not only enriched the travel experience but also made a considerable impact on the local economy. In 2023, the Taiwanese government reported substantial income generated from short-term rentals, highlighting their growing importance in the tourism sector. Platforms like Airbnb and Booking.com have become the go-to options for listing these accommodations, offering a diverse range of options from city apartments to serene countryside homes. As Taiwan continues to embrace this trend, short-term rentals are set to play an even more pivotal role in the country's tourism industry.

Overview

Short-term rentals, commonly known as 日租套房 (daily rental suites) or 短租 (short-term rentals) in Taiwan, have become a significant aspect of the travel experience for both locals and international visitors. Popular destinations such as Taipei, Kaohsiung, and Taichung attract tourists eager to explore Taiwan's vibrant cities and stunning natural landscapes. The rise of these rentals has not only enriched the travel experience but also made a considerable impact on the local economy. In 2023, the Taiwanese government reported substantial income generated from short-term rentals, highlighting their growing importance in the tourism sector. Platforms like Airbnb and Booking.com have become the go-to options for listing these accommodations, offering a diverse range of options from city apartments to serene countryside homes. As Taiwan continues to embrace this trend, short-term rentals are set to play an even more pivotal role in the country's tourism industry.

Property
Overview

National Association for Short-Term Rental Owners:

As of now, there is no specific national association exclusively representing short-term rental owners in Taiwan. Hosts typically rely on local hospitality associations or online platforms for support and information. Given the evolving regulatory environment, it's advisable for hosts to stay informed about legal requirements and consider joining local business associations for networking and advocacy opportunities.

Non-compliance with these regulations and tax obligations can result in fines and legal repercussions. Therefore, it's recommended that property owners consult with local legal and tax professionals to ensure full compliance with Taiwan's laws governing short-term rentals.

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short term rentals
What is 可短期租賃 in Taiwan?
What are short Term Rentals in the Country?

In Taiwan, short-term rentals are accommodations leased for brief periods. Short term rentals, popularly called holiday apartments or guest houses, are for stays of less than 28 days. . These rentals cater to tourists, business travelers, and individuals seeking temporary housing.

In Mandarin Chinese, the term for short-term rental is "短期租賃" (duǎn qí zū lìn). Another commonly used term is "短租" (duǎn zū), which translates to "short lease." These terms are prevalent in regions where English is not the primary language.

Is Subletting Legal?
Is Subletting Legal in Taiwan?

In Taiwan, tenants cannot sublet apartments for short-term rentals without the landlord's explicit consent, as required by the Civil Code. Approval from the homeowners association and compliance with local government regulations under the Act for the Development of Tourism, including property registration and safety standards, may also be necessary. Violations can lead to legal penalties and lease termination.

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

In Taiwan, there is no nationwide limit on short-term rental stays, but regulations vary by city and property type.

In Taipei, rentals under 30 days require a hotel license, with fines for non-compliance. Other cities may have different rules or permit requirements. Residential properties often face stricter regulations than commercial ones and may need reclassification for short-term use.

Due to regional variations, consulting local authorities or legal experts is essential for compliance.

Is there any National Registration Requirement or Permit?

In Taiwan, hosts must register their short-term rentals and obtain permits to operate legally. The process involves submitting an application to the local tourism bureau or municipal authority, paying applicable fees, and meeting documentation requirements.

Application Fee: Fees vary by municipality and property size, generally ranging from NT$5,000 to NT$10,000.

Required Documents:

  • Proof of property ownership or lease agreement.
  • Floor plans of the property.
  • Safety inspection certificates, including fire safety compliance.
  • Business registration documents, if applicable.

Process:

  1. Submit the application and required documents to the local authority.
  2. Pay the application fee.
  3. The property undergoes inspections to ensure compliance with safety and health standards.
  4. Upon approval, receive the permit or license to operate.

Regulations differ by city, so consulting local authorities or legal experts is crucial for full compliance.

Is there a need for Permission from Landlord/Local Council/Neighbors?

In Taiwan, operating a short-term rental requires landlord permission, local government registration, and compliance with safety, zoning, and health regulations. Hosts in properties governed by a homeowners association (HOA) must also follow HOA rules and secure approval if needed. Non-compliance can lead to fines, legal action, and permit revocation. Consulting relevant parties and authorities is essential for legal operation.

Is Short-term rental Income taxable?

In Taiwan, income from short-term rentals is taxable under both national and local tax regulations. Rental income must be reported annually as part of income tax filings. Residents are taxed progressively, with rates ranging from 5% to 40%, while non-residents are taxed at a flat rate of 18%. Additionally, rental services are subject to a 5% Value-Added Tax (VAT), though small-scale enterprises with monthly sales below NT$200,000 may qualify for simplified tax calculations. Taxpayers can claim a standard deduction of NT$131,000 for single filers or NT$262,000 for married couples, along with personal exemptions of NT$97,000 per person, increasing to NT$145,500 for individuals aged 70 or older.

Local taxes include a house tax, with rates between 1.5% and 3.6% of the property's assessed value, and a land value tax, which varies based on the land’s value and usage. VAT returns are filed bimonthly, with deadlines set 15 days after each two-month period. Income tax for individuals must be filed between May 1 and May 31 for the previous year, with payments due by May 31. Corporations have a filing deadline of five months after the fiscal year ends, typically May 31.

All tax returns must be submitted to the National Taxation Bureau of Taiwan to ensure compliance and avoid penalties.

Is there any National Tourism Fund or Tourist Tax?

There is no tourist tax in Taiwan, instead Taiwan’s VAT is considered a tourist tax and travelers get a refund for buying goods over NT$2,000 from eligible stores, gathering necessary documents, and claiming the refund within 90 days at an airport or port, with several refund options available.

Is there any Guest Registration and Reporting Requirement?

In Taiwan, short-term rental hosts must register their properties with local authorities and report guest information, including names, nationalities, ID or passport numbers, and stay dates. This information is submitted to local police, especially for foreign guests, through designated platforms or in person. These measures enhance security, support immigration control, and ensure regulatory compliance. Non-compliance can lead to fines and permit revocation. Hosts should follow local regulations and maintain accurate records.

Is there any National Health and Safety Requirements?

In Taiwan, short-term rental properties must meet health and safety standards to protect guests. Requirements include functional fire safety measures (smoke detectors, extinguishers, emergency exits), structural integrity to withstand natural disasters, proper sanitation, and compliance with electrical and gas safety regulations. Hosts must also provide emergency procedure information. Local authorities monitor compliance, and violations can result in fines or permit revocation. Hosts should consult local agencies to ensure adherence to all regulations.

Is there any Platform Accountability Requirement?

In Taiwan, online platforms facilitating short-term rentals, such as Airbnb, are required to ensure that listings comply with national laws and regulations. This obligation stems from the Act for the Development of Tourism, which mandates that all accommodations offered to tourists must be registered and meet specific safety and operational standards. Platforms are expected to verify that hosts have obtained the necessary permits and adhere to local regulations before allowing their properties to be listed. Failure to comply can result in legal penalties for both the platform and the host.

Is there any Anti-Discrimination Law?

In Taiwan, national laws prohibit discrimination in short-term rentals, ensuring equal treatment for all guests. The Immigration Act bans discrimination based on nationality, race, or birthplace. The Employment Service Act extends protections against discrimination based on gender, sexual orientation, religion, and more to public services, including accommodations. The People with Disabilities Rights Protection Act mandates accessible lodging and prohibits discrimination against individuals with disabilities. These laws promote fairness and accessibility in short-term rental practices.

Is there any Data Sharing Requirements?

In Taiwan, short-term rental platforms are required to share data with national government authorities to ensure compliance with local regulations and maintain public safety. This mandate involves:

  1. Host Registration Information: Platforms must provide details of hosts, including their identities and property addresses, to verify that all listings are legally registered and meet the necessary standards.
  2. Guest Information: Platforms are obligated to report guest details, such as names, nationalities, and stay durations, to relevant authorities. This practice aids in monitoring and security measures.

These requirements are part of Taiwan's efforts to regulate the short-term rental market effectively, ensuring that all operations are transparent and adhere to established laws.

Is there any National Insurance Requirement?

In Taiwan, there is no explicit legal requirement mandating hosts to obtain liability insurance for short-term rental properties. However, securing such insurance is highly advisable to protect against potential risks, including property damage and guest injuries. Platforms like Airbnb offer coverage options, but these may have limitations. Therefore, hosts should consider acquiring comprehensive liability insurance to ensure adequate protection also hotel enterprises are mandated to obtain liability insurance with the following minimum coverage:

- Bodily injury or death per person: NT$3 million

- Bodily injury or death per incident: NT$15 million

- Property damage or loss per incident: NT$2 million

- Total insured value per annum: NT$34 million

These requirements are stipulated in Article 9 of the "Regulations for the Administration of Hotel Enterprises

Is there any National Zoning law/Cultural Heritage law?

In Taiwan, zoning and cultural heritage protection laws ensure the balanced use of land and preservation of historical sites.

Zoning Laws: Governed by the Regional Planning Act and Urban Planning Act, zoning regulations classify land for residential, commercial, industrial, or other uses. The Construction and Planning Agency oversees compliance, ensuring development aligns with national and local plans. Urban areas must follow city-specific guidelines, while rural areas focus on protecting natural resources.

Cultural Heritage Protection: The Cultural Heritage Preservation Act protects historic sites, cultural landscapes, and artifacts. Administered by the Ministry of Culture, it mandates preservation of designated sites and requires approvals for modifications or developments impacting these areas. Local governments implement and monitor compliance.

Additional Regulations: Laws such as the National Park Law, Building Act, and Tourism Development Act also regulate activities in heritage and environmentally sensitive zones. Restrictions may include limits on construction, business operations, and land use to preserve Taiwan’s cultural and natural assets.

These laws ensure sustainable development and the protection of Taiwan’s cultural and historical identity while promoting responsible tourism.

Is there any Environmental Regulations that affects STR?

In Taiwan, while there are no specific sustainability requirements for short-term rentals, broader environmental regulations impact all accommodation providers. These include promoting energy efficiency through the use of efficient appliances, enforcing strict waste segregation and recycling policies, and emphasizing water conservation with water-saving fixtures. Adopting these practices supports Taiwan’s sustainability goals and aligns with its environmental protection efforts.

Is there any National Tenant Protection Law?

In Taiwan, the Land Act protects long-term tenants from unjust eviction, including attempts to convert properties into short-term rentals. Evictions are allowed only under specific conditions, such as the landlord needing the property for personal use, unauthorized subleasing, rent non-payment for two months, illegal activities, or significant property damage. Landlords must provide at least seven days' written notice before terminating a lease. Tenants unlawfully evicted may claim compensation for damages, ensuring housing stability and preventing arbitrary displacement.

Is there any Reporting Requirements for Foreigners?

In Taiwan, hosts accommodating foreign guests must report guest information to immigration authorities within 24 hours of arrival. Required details include the guest's full name, nationality, passport number, date of birth, and stay dates. Reporting can be done through designated online platforms or in person at the local police station. This process ensures public safety, supports immigration control, and maintains regulatory compliance. Non-compliance may result in fines or permit revocation, making adherence essential for legal operation

Is there any Digital Platform Regulation Compliance?

In Taiwan, online platforms facilitating short-term rentals, such as Airbnb, are required to ensure that listings comply with national laws and regulations. This obligation stems from the Act for the Development of Tourism, which mandates that all accommodations offered to tourists must be registered and meet specific safety and operational standards. Platforms are expected to verify that hosts have obtained the necessary permits and adhere to local regulations before allowing their properties to be listed. Failure to comply can result in legal penalties for both the platform and the host

Is there any Consumer Protection Law that affect STR?

In Taiwan, short-term rental contracts are governed by laws ensuring consumer protection and transparency:

  1. The Consumer Protection Act mandates fairness and clear information in rental agreements, prohibiting unfair terms.
  2. The Civil Code provides general contract law principles, emphasizing mutual consent and fair terms.
  3. The Tourism Development Act requires rentals to obtain licenses and meet safety and hygiene standards.
  4. The Personal Data Protection Act regulates the handling of guest data, ensuring lawful collection and privacy measures.

These laws uphold consumer rights, guest privacy, and service transparency in Taiwan's short-term rental market.

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

In Taiwan, non-residents can own and operate short-term rental properties but must comply with specific regulations and tax obligations:

  1. Residency Requirements: Non-residents must register their property as a legal lodging facility under the Tourism Development Act and obtain necessary permits.
  2. Tax Obligations: Non-residents pay a 20% income tax on gross rental income and may need to register for VAT, charging 5% on rental services if earnings exceed the threshold.
  3. Property Tax: Applicable to all property owners, with rates based on location and assessed value.

Non-compliance can result in fines and legal penalties. Consulting local legal and tax experts is advised to ensure full compliance.

Is there any classification of STR in the country?
  1. In Taiwan, short-term rentals, known as "日租套房" (daily rental suites) or "短租" (short-term rentals), are classified based on accommodation type and stay duration:
    1. Daily Rental Suites (日租套房): Short stays, typically from one to several days, popular with tourists and business travelers.
    2. Monthly Rental Apartments (月租公寓): Accommodations leased for a month or more, often fully furnished for extended stays.
    3. Serviced Apartments (服務式公寓): Fully furnished units offering hotel-like services, suitable for both short-term and long-term stays.
    4. Share Houses and Co-living Spaces (合租房/共居空間): Private rooms within shared spaces, catering to young professionals and students.
  2. Taiwan’s regulatory framework for short-term rentals is evolving, with increasing focus on licensing, safety, and taxation. Hosts should stay updated on legal requirements to ensure compliance.
Are there Special National Event Regulations?

In Taiwan, during national events or holidays, the government may enforce additional regulations to ensure public safety and order. These include stricter ID verification, traffic controls, guidelines for public assemblies, and heightened noise restrictions. Such measures are announced in advance through official channels to ensure public awareness and compliance.

Is there any Penalty for Violating National Rules?

In Taiwan, operating a short-term rental without the necessary permits can lead to significant penalties. According to the Taipei Department of Information and Tourism, individuals offering illegal short-term accommodations may face fines of up to NT$100,000. In 2022, Taipei City imposed a record total of NT$23.4 million in fines on such illegal operators. Additionally, unlicensed accommodations are sometimes linked to illegal activities, including pornography, gambling, and drug-related offenses, which pose further legal risks and endanger guest safety.

Hosts are strongly encouraged to register their properties with the appropriate authorities to ensure compliance with all relevant regulations, avoiding legal repercussions and contributing to a safer accommodation market in Taiwan.

Are there National Rules or Regulations Governing Short-Term Rentals in Taiwan?
Are there National Rules or Regulations Governing Short-Term Rentals in the Country?
  1. Yes, Taiwan has national regulations governing short-term rentals to ensure compliance, safety, and consumer protection. Key regulations include:
    1. Tourism Development Act: Requires short-term rental properties to register as legal lodging facilities, obtain permits, and adhere to safety, hygiene, and operational standards.
    2. Consumer Protection Act: Mandates fairness, transparency, and clear terms in rental agreements to safeguard guest rights.
    3. Civil Code: Provides a legal framework for rental contracts, emphasizing mutual consent and lawful terms.
    4. Personal Data Protection Act: Regulates the collection and use of guest information to ensure privacy and responsible handling of personal data.
    5. Tax Laws: Non-resident and resident operators are subject to income tax, property tax, and, in some cases, VAT on rental income.

These rules help create a transparent and safe environment for short-term rental operations in Taiwan.

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

Yes, Taiwan imposes several national taxes on short-term rental income:

  1. Income Tax: Rental income is taxable. Residents are taxed progressively at rates ranging from 5% to 40%, while non-residents are taxed at a flat rate of 20% on gross rental income.
  2. Value-Added Tax (VAT): Short-term rental services are subject to a 5% VAT if the operator's income exceeds a specific threshold. Small-scale operators with monthly sales under NT$200,000 may qualify for simplified VAT calculations.
  3. Property Tax: All property owners, including those offering short-term rentals, must pay property taxes based on the property's assessed value and location.

Compliance with these taxes is mandatory, and non-compliance can result in fines and penalties. Operators are advised to consult tax professionals or local authorities to ensure adherence to Taiwan’s tax laws.

permits, license
Are there any Permits, Licenses, or Registrations for 可短期租賃 in Taiwan?
Are there any Permits, Licenses, or Registrations for Short-term Rentals in the Country?

In Taiwan, hosts must register their short-term rentals and obtain permits to operate legally. The process involves submitting an application to the local tourism bureau or municipal authority, paying applicable fees, and meeting documentation requirements.

Application Fee: Fees vary by municipality and property size, generally ranging from NT$5,000 to NT$10,000.

Required Documents:

  • Proof of property ownership or lease agreement.
  • Floor plans of the property.
  • Safety inspection certificates, including fire safety compliance.
  • Business registration documents, if applicable.

Process:

  1. Submit the application and required documents to the local authority.
  2. Pay the application fee.
  3. The property undergoes inspections to ensure compliance with safety and health standards.
  4. Upon approval, receive the permit or license to operate.

Regulations differ by city, so consulting local authorities or legal experts is crucial for full compliance.

Is there any National Association for 可短期租賃 owners in Taiwan?
Is there any National Association for STR owners in the Country?

National Association for Short-Term Rental Owners:

As of now, there is no specific national association exclusively representing short-term rental owners in Taiwan. Hosts typically rely on local hospitality associations or online platforms for support and information. Given the evolving regulatory environment, it's advisable for hosts to stay informed about legal requirements and consider joining local business associations for networking and advocacy opportunities.

Non-compliance with these regulations and tax obligations can result in fines and legal repercussions. Therefore, it's recommended that property owners consult with local legal and tax professionals to ensure full compliance with Taiwan's laws governing short-term rentals.

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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