State Regulation

Have you ever considered the dynamic realm of short-term rentals (STR) in the picturesque state of Hawaii? Prepare yourself for an exciting exploration through the fascinating world of vacation rentals in the Aloha State!

This article will uncover the secrets of short-term rentals in Hawaii, investigating everything from their legal aspects to the fine details that can enhance your hosting experience. We'll dive into essential questions every prospective host should ponder before stepping into the business in this tropical paradise.

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Is there a statewide definition of STR?

In Hawaii, there isn't a unified statewide definition of short-term rentals (STRs). The definition varies across different counties and cities. Generally, a short-term rental in Hawaii is defined as a residential dwelling or lodging available for rent for less than 30 consecutive days in exchange for remuneration. However, some areas like Honolulu have expanded this definition to include rentals of up to 90 days.

To qualify as a short-term rental in Hawaii, the maximum length of stay is typically 179 consecutive days or less. Some jurisdictions, however, have specific restrictions. For example, Honolulu County bans rentals under 30 days in residential zones. The rules and regulations governing STRs differ significantly from one island to another and even from one county or zoning district to another within the same island. It's crucial for hosts or potential hosts to verify the specific regulations applicable to their property's location.

statewide registration requirement
Statewide Registration Requirement

In Honolulu, Hawaii, new regulations for short-term rentals (STRs) were implemented with Ordinance 22-7. This ordinance requires STR hosts to meet certain standards, including having a valid State of Hawaii general excise tax license and transient accommodations tax license. Additionally, STR properties must adhere to local building, health, and safety requirements. Hosts should also be aware of restrictions on property usage and parking provisions for transient occupants.

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

The maximum length of stay is generally 179 consecutive days or less, with some jurisdictions allowing up to 90 days. Yet, certain counties and associations may have restrictions on rentals shorter than 30, 60, or 90 days. For example, Honolulu County prohibits rentals under 30 days in residential zones.

Statewide Tax Requirement

In Hawaii, the statewide tax requirements for short-term rentals are defined by two primary taxes: the General Excise Tax (GET) and the Transient Accommodations Tax (TAT).

  1. General Excise Tax (GET): This tax is applied to all business activities in Hawaii, including vacation rentals. It is charged on the gross rental amount received from guests. The standard rate for GET is 4%, but it can be slightly higher in some areas (up to 4.5%), such as Oahu, where it's 4.5%.
  2. Transient Accommodations Tax (TAT): This is an additional state tax, amounting to 10.25%, specifically applied to short-term rental accommodations for stays less than 180 consecutive days.

Rental property owners in Hawaii need to register with the Hawaii Department of Taxation to obtain a tax license for collecting both GET and TAT. The taxes must be regularly filed and remitted, with the frequency (monthly or quarterly) depending on the amount of tax due. It's important to note that failure to comply with these filing requirements can lead to significant penalties.

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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