State Regulation

Have you ever been curious about the dynamic realm of short-term rentals (STR) in the charming state of Delaware? Get ready for an exciting exploration of the vacation rental scene in this picturesque region!

Our article will dive deep into the world of short-term rentals in Delaware, shedding light on everything from the legal aspects to the essential details that can enhance your hosting experience. We'll navigate through the key questions every potential host should consider before stepping into the vibrant short-term rental market in Delaware. Join us as we unravel the intricacies and opportunities that await in this unique and captivating state.

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Is there a statewide definition of STR?

In Delaware, there isn't a statewide definition for short-term rentals. Instead, the definition and regulation of short-term rentals are left to individual municipalities. This means that different towns and cities in Delaware may have their own specific definitions and regulations concerning short-term rentals. For example, in Rehoboth Beach, short-term rentals are defined as lodging offered for periods of less than 30 consecutive days. Other towns may use similar or different criteria to define short-term rentals.

This decentralized approach to regulation means that the rules can vary significantly from one location to another within Delaware. For instance, some towns might restrict short-term rentals through zoning laws, require specific permits or licenses, or impose certain tax obligations on hosts. In Dover, there are strict regulations on short-term rentals, including a limit on the total number of days per calendar year a property can be rented and requirements for the property owners to be permanent residents and present in the home when not renting it out.

statewide registration requirement
Statewide Registration Requirement

Delaware does not have a statewide registration requirement for short-term rentals. Instead, regulations and requirements for short-term rentals in Delaware vary depending on the municipality. This means that while there isn't a centralized state law governing all short-term rentals, individual towns or cities in Delaware may have their own set of rules and regulations that hosts need to follow. These local regulations can include zoning laws, permits, taxes, health standards, and more. Hosts in Delaware should therefore check the specific requirements in their area to ensure they are compliant.

Additionally, a proposed bill (House Bill 168) in Delaware aims to introduce some changes to the rules governing short-term rentals. This bill, if passed, would require short-term rental listing services to obtain an occupational license and pay an annual fee. It would also extend the lodging tax, which currently applies to hotels and motels, to short-term rentals. The bill further authorizes counties to impose a lodging tax of up to 3 percent on short-term rentals. However, as of the last update, this bill was still in the legislative process and had not yet become law.

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

The definition and regulation of short-term rentals (STRs) vary by location, as there is no statewide standard. Many towns, especially beach towns, define STRs as lodging offered for periods of less than 30 days.

Statewide Tax Requirement

In Delaware, the regulations and tax requirements for short-term rentals can vary based on the location, as there isn't a comprehensive statewide legislation. However, Delaware does have a state accommodation tax that applies to short-term rentals. This tax is an 8% accommodations tax on the total rental rate, which includes any additional fees like cleaning or service fees. Hosts are responsible for collecting this tax at the time of booking and reporting and paying it to the state, usually on a monthly basis.

In addition to the state tax, local municipalities may impose their own taxes on short-term rental revenues. For instance, Rehoboth Beach has a 3% hotel tax, while Lewes imposes a 5% hotel tax. It's essential for hosts to be aware of and comply with both state and local tax regulations to avoid penalties. Hosts must register with the Delaware Division of Revenue to collect and remit applicable taxes and may also need to register with local tax authorities depending on their specific location.

Access the latest compliance requirement for your local jurisdictions below

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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