become an Airbnb host in Italy, it is important to understand the local laws that govern the matter. In Italy, the so-called "Code of Tourism" (established by Legislative Decree no. 79 of 2011) is in effect, but some cities and regions have specific laws that limit or differently regulate the possibility of accommodating people for short periods of time upon remuneration. In many Italian cities, it is necessary to apply for enrollment in specific local government bodies in order to obtain a permit or a license before posting an advertisement or receiving guests with payment. Some real estate short-term rentals may even be forbidden, and local penalties, which, depending on the case, may reach tens of thousands of euros. In general, we must never forget that all hosts are obliged to register their guests' personal data and communicate it to the local police headquarters (Questura) for security reasons. This must be done through the website "Portale Alloggiati" at the time of check-in. You must request a username and password to access the website (Portale Alloggiati) in advance, either online or at the offices of the local police headquarters. Real estate short-term rental contracts, which can never last more than 30 days, must be drawn up in writing, even in a very simple way. On the web, you can easily find formats to use. These contracts are not subject to mandatory tax by the Italian Revenue Office (Agenzia delle Entrate). It is possible to become an Airbnb host even if you are not the owner of the property, as it is sufficient for you to be the tenant. In this case, subletting (even for short periods as an Airbnb host) must be expressly provided for in the lease agreement. Regarding the taxation of real estate short-term rental contracts, remember that all incomes produced in Italy must be subject to taxation by the Italian Revenue Office, with the application of tax rates that can reach up to 43 percent. It is possible to apply for tax deductions (for example: the costs of restructuring and adapting the property to the laws applicable from time to time or Airbnb commissions). It is also possible to opt for the application of a fixed tax rate of 21 but in this case, it will not be possible to deduct any cost, including Airbnb commissions. In addition, there are additional local tourist taxes ("Tasse di Soggiorno") that may vary from city to city. Also, remember that in Italy, even in the case of real estate short-term leases (such as for Airbnb), it is mandatory to comply with specific regulations about the safety of systems (power, gas, etc.) servicing the property and fire prevention. It is also necessary to have specific and adequate insurance coverage for possible damages to guests that is not generally included in the insurance that may be offered or provided by Airbnb. Very often, depending on the local law requirements, you need to have an Italian VAT (value added tax) number. This is what we can say in brief and in general. Specific rules, as we said before, apply in the different Italian regions and even in the different municipalities. many local laws, but in general, we can say that you must first submit an administrative statement to the technical department (Ufficio Tecnico) of the concerned municipality. This statement is called SCIA (Segnalazione Certificata Inizio Attivitą). It must be filed to the Public Administration Authority when you are about to start a specific activity for economic purposes regarding the so-called CAV (Case e Appartamenti per Vacanza, which means holiday building and apartments). legale e tributario, where he focuses his practice in the areas of civil law and litigation, commercial law, real estate law and real estate profiles related to extraordinary transactions. Piazza Borromeo, 12 Milan, Italy 20123 fdl-lex.it |