Questions

After I started with a spare bedroom and impressed the landlord with my professionalism. I got permission from landlord to sublet an additional apartment. It's been going great, and the landlord wants to partner on another unit. Before I expand further, I want to get the proper business license, pay taxes and be compliant. But technically, because of the short length of stay of some of our guests, I might be running a hotel? The apartments are located in hotel zoning so that might be possible, but can I get a hotel license if I don't own the building and am just subletting a few apartments? Additionally: I don't mind paying a local lawyer for this discussion, but how do I find one that knows much about AirBNB or creating a 'micro hotel'?

If you're only operating a few and separate Airbnb units or rooms, you (or your landlord) likely require no further licenses, however as many cities globally have specific short stay rules, you can check with your local council.

In hotel industry terms, you'll be the 'operator' (active partner) for your landlord who is the 'owner' (passive partner). The owner would typically incur asset costs including insurance and licensing. This division of costs matters. For your goals, insurance is vital (check if the host guarantee suffices or if extra coverage is needed), as you must remove personal liability risk, by Owner or Operator action or inaction, via adequate coverage and compensation. It might help to think about critical 'service level agreement' issues (repairs within reasonable times to protect booking viability, split of profits post fees, repair and laundry costs etc) if seriously setting up as a partnership model.

For tax, best to get advice specific to your state and country, however you can simplify this by focusing on the basics: you have a side income stream, which incurs expenses, and you wish to pay all requires taxes on profits. You'll likely either have the option to declare within your personal tax or create an entity, and you can choose based on the efficiency and profit returns of each type of structure.

If you need more specifics, give me a shout.


Answered 8 years ago

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