State Regulation

Tennessee has become a hub for travelers seeking the comfort and convenience of short-term rentals, offering a diverse array of accommodations that cater to a wide range of preferences and budgets. From the vibrant streets of Nashville, known for its country music heritage and bustling nightlife, to the peaceful Smoky Mountains offering serene getaways and outdoor adventures, the state provides a plethora of options for visitors. Short-term rentals in Tennessee, regulated by both state and local ordinances, aim to balance the growth of the tourism industry with community interests, ensuring that these accommodations contribute positively to the local economy while maintaining neighborhood tranquility. Property owners are encouraged to comply with registration, taxation, and safety requirements, providing guests with safe, reliable, and enjoyable lodging experiences. This approach supports the flourishing short-term rental market in Tennessee, making it an attractive destination for both tourists and investors alike.

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Is there a statewide definition of STR?

In Tennessee, a statewide definition of a short-term rental (STR) is established under the Tennessee Short-Term Rental Unit Act. According to this legislation, a short-term rental unit is defined as a residential dwelling that is rented wholly or partially for a fee for a period of less than 30 continuous days. This includes a variety of residential structures such as cabins, houses, condominiums, apartments, and timeshares. Importantly, this definition excludes hotels, motels, bed and breakfast establishments, and bed and breakfast homestays.

statewide registration requirement
Statewide Registration Requirement

In Tennessee, the statewide registration requirement for short-term rentals (STRs) mandates that hosts must register with the Tennessee Department of Revenue and obtain a sales tax certificate to collect and remit taxes. While no state license is required, hosts must also secure county and city business licenses, each typically involving a fee of around $15 per property. The registration process at the state level generally takes about 10 business days to complete.

For specific cities like Nashville, Knoxville, and Chattanooga, additional local regulations apply. For instance, Nashville differentiates between "owner-occupied" and "non-owner-occupied" STRs, each with distinct operational rules and permit requirements. Knoxville and other cities may impose their own limitations on rental periods and require safety inspections and adherence to local zoning laws.

In Nashville and Davidson County, the Metro Codes Department is responsible for issuing permits for short-term rental properties. They offer two types of permits: owner-occupied and non-owner occupied, with specific rules and zoning requirements for each. Website: Nashville.gov.

For nearby cities and counties, the following departments handle short-term rental licensing:

  1. Franklin, TN: The Building and Neighborhood Services Department manages short-term rental permits. Their website provides detailed information on the application process and requirements. Website: FranklinTN.gov
  2. Murfreesboro, TN: The Planning and Engineering Department oversees the short-term rental licensing process. They offer guidelines and necessary forms on their official site. Website: MurfreesboroTN.gov
  3. Clarksville, TN: The Building and Codes Department is responsible for short-term rental permits, ensuring compliance with local zoning and safety regulations. Website: CityofClarksville.com
  4. Brentwood, TN: The Planning and Codes Department manages the short-term rental application process, providing resources and assistance to property owners. Website: BrentwoodTN.gov
What is the length of stay of STR in the state?

In Tennessee, the definition of a short-term rental is a residential dwelling rented out for less than 30 consecutive days. This standard is part of the Tennessee Short-Term Rental Unit Act. However, different cities within the state may have more restrictive rules:

  • Nashville prohibits rentals for longer than 30 days.
  • Knoxville caps rental periods at 29 days.
  • Chattanooga limits rentals to no more than 28 days.
Statewide Tax Requirement

In Tennessee, short-term rentals are subject to specific state and local tax requirements. The state imposes a 7% sales tax on short-term rentals, defined as rentals for periods of less than 90 consecutive days. Additionally, there is a state hotel tax of 1% for whole-house rentals, resulting in a combined total tax rate of 8% for these properties. However, if the rental is a hotel or room, the state hotel tax increases to 6%, making the total tax rate 13% for these types of rentals.

Property owners or managers must collect and remit these taxes on the rental's total sales price, which includes all associated fees such as cleaning and pet fees. Compliance with these tax regulations requires registering with the local jurisdiction where the property is located and ensuring timely tax payments

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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