State Regulation

Are you curious about the dynamic world of short-term rentals (STR) in the diverse state of Arizona? Get ready as we embark on an exciting exploration of the multifaceted vacation rental landscape in the Grand Canyon State!

This guide will demystify the intricacies of short-term rentals, covering everything from legal aspects to essential details that can boost your hosting success in Arizona. We dive into the vital questions every aspiring host should consider before diving into this lucrative market in the State.

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Is there a statewide definition of STR?

In Arizona, the definition of short-term rentals is established by state law. According to the statute, a "short term rental" includes any individually or collectively owned single-family or one-to-four-family house or dwelling unit, or any unit or group of units in a condominium, cooperative, or timeshare. These are considered short term rentals if they function as transient public lodging establishments or owner-occupied residential homes offered for transient use, provided the accommodations are not classified for property taxation under section 42-12001 of the Arizona Revised Statutes.

statewide registration requirement
Statewide Registration Requirement

The statewide registration requirements for short-term rentals in Arizona, as of 2023, are governed by local jurisdictions following the authorization by the Arizona Legislature through Senate Bill 1168 in 2022. This bill allows cities and towns to establish their own permit or license processes to regulate short-term rentals (STRs).

For example, in Phoenix, a new ordinance, effective from November 6, 2023, has replaced the existing STR registration with a limited STR permit process. All STR properties in Phoenix must obtain a permit from the Planning and Development Department, and the city must issue or deny permits within 7 days. There are also enhanced civil penalties for violations, and specific requirements such as notification to adjacent properties and displaying the STR permit/license number on advertisements.

What is the length of stay of STR in the state?

Short-term residential rentals are lodging rental stays for less than 30 days.

Statewide Tax Requirement

In Arizona, short-term residential rentals, defined as lodging rental stays for less than 30 days, are subject to the Arizona Transaction Privilege Tax (TPT). Property owners who rent out residences for periods shorter than 30 days are required to have a TPT license and must report and remit TPT for the state, county, and city. The specific business code used for reporting these transactions depends on the location of the property and the type of rental. For state and county reporting, business code 025 (transient lodging) is used, while business code 044 (hotel/motel) is used for city transactions. In some cities, an additional hotel tax may apply, reported under business code 144.

Rates for the combined state and county transient lodging tax vary by location. For example, as of February 1, 2023, the rates ranged from 5.5% in Mohave County to 7.27% in Maricopa County. Additionally, most Arizona cities also levy a local tax on transient lodging. The exact rate and the requirement for an additional city tax depend on the location of the rental property.

It's important to note that property owners or operators must include their TPT license number in any advertising associated with the short-term rental. If a property is only rented out seasonally, such as for the Super Bowl, a seasonal Arizona TPT license is required. This license should be active for the duration of the rental period and canceled afterward if the property is not going to be rented out again.

Furthermore, income received from online lodging marketplaces (OLMs) should be reported using the same business codes, but 100% of the income received from the OLM should be deducted using deduction code 775. The OLM is responsible for collecting and remitting the TPT due from the rental income.

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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