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Short-term rentals in United States

This section explains how short-term rental operates in the United States and how to correctly separate the different legal, tax, and operational layers. The specific answer depends on the type of property, the form of exploitation, and the applicable rules for the case.

✓ Information reviewed: 09/13/2026
GATAVIA

This section explains how to analyze market, profitability, and investment in the United States without confusing the different legal, fiscal, and operational layers. The concrete response depends on the type of property, the method of exploitation, and the rules applicable to the case. The specific and verified data are presented below in the Gatavia information block.

The investment analysis must separate general tourism data from the actual metrics of a specific dwelling. National or regional overnight stays help to understand demand, but they do not equate to occupancy, average price, or profitability of a property.

Tourism market in United States

Data, context and key indicators for the tourism market.

tourism

68.3 million international visitors in 2025

NTTO uses 68.3 million as the real base for 2025.

Period: 2025
tourism
+3,2 %

70.5 million projected in 2026

NTTO projects +3.2% in 2026.

Period: 2026
tourism

46.4 million international travelers by air

SIAT covers 46.4 million international travelers by air.

Period: 2025
demand

16.9 average nights of stay for international visitors

The average international visitor stayed 16.9 nights.

Period: 2025

Regulatory alerts

Public information is not yet available for this section.

Regulatory framework

national

There is no single federal short-term rental license

Correct: authorization is primarily determined at the state and local levels.

There is no single federal short-term rental license Application: Owners and managers Verified rule: Correct: authorization is primarily determined at the state and local levels. Conditions: Depends on the address and model. Exceptions: Some markets do not require a specific short-term rental license, but other registrations or taxes may apply. Timing: Before purchasing or advertising. Legal reference: U.S. federal structure

municipal

NYC: permanent host present and maximum two guests

The entire house without a host is not the ordinary legal residential pathway.

NYC: permanent host present and maximum two guests Application: Short-term residential rental less than 30 days Verified rule: The entire house without a host is not the ordinary legal residential pathway. Moment: For each stay <30 days. Legal reference: NYC Administrative Code Title 26; Local Law 18; OSE rules

national

Federal rule for rentals of less than 15 days

Dwelling also used as a home

Federal rule for rentals of less than 15 days Application: Dwelling also used as a home Verified rule: If rented for less than 15 days and used as a home, rental income is not reported as rental income. Conditions: It must be a housing unit used as a home and rented for less than 15 days. Exceptions: Does not apply to purely investment properties without use as a home under this rule. Timing: Annual tax closing. Legal reference: IRS Publication 527

national

Test of use as a dwelling: 14 days or 10 %

The dwelling is considered used as a home if personal use exceeds the greater of 14 days or 10 % of the days rented at a fair rental price.

Test of use as a dwelling: 14 days or 10 % Application: Mixed-use dwellings Verified rule: The dwelling is considered used as a home if personal use exceeds the greater of 14 days or 10 % of the days rented at a fair rental price. Conditions: Personal use measured according to Publication 527. Exceptions: Use by relatives or below market rent may count as personal use. Timing: Annual. Legal reference: IRS Publication 527

national

Average stay of 7 days or less and passive rules

Rental activities

Average stay of 7 days or less and passive rules Application: Rental activities Verified rule: For passive activity rules, rental activity is not considered if the average customer use period is 7 days or less. Conditions: Annual average of 7 days or less. Exceptions: Does not alone determine the entire tax classification or self-employment tax. Timing: Annual, with recommended monthly control. Legal reference: IRS Publication 925

mixed

New York City: mandatory registration and platform verification

Yes.

New York City: mandatory registration and platform verification Application: short-term rentals in NYC Verified rule: Yes. Conditions: All occupancy and housing rules that already existed before Local Law 18 must be complied with. Exceptions: Rentals of 30 days or more follow a different framework. Timing: Before listing/accepting short-term reservations. Legal reference: NYC Local Law 18

mixed

Los Angeles: primary residence and 120 days

Mandatory registration for primary residence.

Los Angeles: primary residence and 120 days Application: Home-sharing ≤30 days Verified rule: Mandatory registration for primary residence. Exceptions: There is an extended process to exceed 120 days. Timing: Before publishing; annual control of nights. Legal reference: LAMC Home Sharing Program

national

Florida: state license for vacation rentals

Yes, when it fits into transient public lodging establishment.

Florida: state license for vacation rentals Application: Vacation rental eierseksjon/home Verified rule: Yes, when it fits into transient public lodging establishment. Conditions: Full unit rental and transient exploitation as defined. Exceptions: Rental of individual rooms may not be considered public lodging under DBPR, without prejudice to local rules. Timing: Before operating. Legal reference: Florida Statutes Chapter 509

Short-term rental taxation

Taxation

Rental real estate and Schedule E

Federal individual top marginal rate: 37% in 2026

Federal individual top marginal rate: 37% in 2026

37
Residential rental building: MACRS GDS 27,5 años

Residential rental building: MACRS GDS 27,5 años

Taxation

Rental of less than 15 days of property used as a home

0
Taxation

Personal use and loss limits

Taxation

Average stay of 7 days or less and passive rules

Taxation

Average stay ≤30 days with significant services

Taxation

No residente: 30 % bruto FDAP como regla general

30
Taxation

Elección IRC 871(d): tributar sobre renta neta

Regulatory and market evolution

07/01/2026

Austin: license and compliance for platforms from July 2026

Mandatory license.

04/01/2025

Austin: license and compliance for platforms from July 2026

Mandatory license.

PROFESSIONAL CONTENT

Gatavia Professionelles Dossier · United States

Advanced analysis for owners, managers and investors who need to go beyond public information.

01

Due diligence

Professional checks before purchasing, operating or converting short-term accommodation.

🔒 Protected content
02

Advanced regulation

In-depth analysis of requirements, restrictions, risks and regulatory scenarios.

🔒 Protected content
03

Professional taxation

Advanced tax treatment, scenarios and issues requiring special attention.

🔒 Protected content
04

Professional operations

Processes, recurring obligations and documentary control.

🔒 Protected content
05

Territorial radar

Assessment of territories, cities and areas with different market or regulatory conditions.

🔒 Protected content
06

Investors

Risks, costs, profitability, scenarios and criteria before making an investment decision.

🔒 Protected content
07

Managers

Compliance, representation, reporting and professional management for third parties.

🔒 Protected content
08

Metrics and alerts

Professional indicators covering market, demand, risk and regulatory evolution.

🔒 Protected content

This dossier is included with Gatavia Country and Gatavia Global.

Sources and reference authorities

City and County of Honolulu
City and County of Honolulu
City and County of San Francisco
City and County of San Francisco
City of Austin
City of Austin
City of Miami Beach
City of Miami Beach
City of New Orleans
City of New Orleans
City of Orlando
City of Orlando
City of Page, Arizona
City of Page, Arizona
City of Scottsdale
City of Scottsdale
Clark County Nevada
Clark County Nevada
County of Hawaiʻi
County of Hawaiʻi
Florida DBPR
Florida DBPR
Florida Department of Revenue
Local Option Transient Rental Taxes
Hillsborough County, Florida
Hillsborough County, Florida
Internal Revenue Service
Internal Revenue Service
Internal Revenue Service
Internal Revenue Service
Internal Revenue Service
Internal Revenue Service
Internal Revenue Service
Tax year 2026 inflation adjustments
Internal Revenue Service
Internal Revenue Service
Internal Revenue Service
Internal Revenue Service
Los Angeles City Planning
Home-Sharing Program
Los Angeles City Planning
Home-Sharing Program
National Travel and Tourism Office
International Visitor Forecast 2026-2030
National Travel and Tourism Office
National Travel and Tourism Office
National Travel and Tourism Office
2025 Survey of International Air Travelers
NYC Office of Special Enforcement
FAQ for prospective short-term rental hosts
NYC Office of Special Enforcement
Short-Term Rental Registration Law
NYC Office of Special Enforcement
Registration and Listing Data — 2026
PROFESSIONAL PDF GUIDE

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Gatavia organises professional information for information and management purposes. General information does not replace legal, tax or technical advice tailored to a particular case.