WELKEYS GOODTIP: 2019 Legislation, what is changing for your Airbnb rentals

The short-term rental industry saw new legislation in 2019 following the explosion of this emerging market. Capping your listings on booking platforms, the mobility lease, your income automatically reported in 2019... There are many legislative changes from 2019 to keep in mind to continue renting legally and with complete transparency. Welkeys, your concierge service, provides you with this information clearly and effectively.

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Platforms cap primary residences at 120 days

Under the new legislation, starting in 2019, once you reach the 120-night limit for your short-term rental, your calendar will be automatically blocked by booking platforms. As a result, your listing will no longer be able to receive new bookings. Consequently, travelers will no longer be able to book stays in your apartment.

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Reminder of the Airbnb Decree for your primary residence

As the owner of a primary residence, the law states that you are required to declare your apartment online via the CERFA form and register with the town hall to be assigned a registration number. This number must appear on your online listing on various booking platforms such as Airbnb.

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This registration number allows the municipality where your primary residence is located to track the number of nights your apartment is rented out. If you exceed the maximum number of nights per year for your furnished rental, your listing's calendar will be blocked, and you risk a €10,000 fine. If you fail to declare your short-term rental, you will also be subject to a €5,000 fine.

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New: The mobility lease

Created by the ELAN law, the mobility lease is a short-term rental contract. The mobility lease offers several advantages, notably significant flexibility for the landlord and easier access to housing for students or people on professional assignments.

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The contract is concluded for a duration of between 1 and 10 months. This contract cannot be renewed; however, its duration can be modified as long as the total duration does not exceed 10 months. In other words, premises rented via a mobility lease are considered residential premises that do not require a change of use.

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Your income reported to the tax authorities in 2019

Income you receive from a booking platform like Airbnb will be reported directly to the tax authorities. Therefore, when you are an owner and rent your apartment through a collaborative economy platform, your information is shared with tax services. The Darmanin bill requires platforms to send a document to the tax administration summarizing:

The "identification details" of the relevant platform operator The "identification details" of the user The status as an individual or professional (as "indicated by the user") The "number and total gross amount of transactions carried out by the user during the previous calendar year of which the operator is aware" The bank account details where the income is deposited (only if these "are known to the operator")

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Platforms will have no choice, and neither will the user. In addition, the tax auditor verifies that the rent received has been correctly indicated in box 5ND.

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Categorization of all listings

Short-term rental platforms will now be required to ask their Airbnb hosts to categorize their listings into one of three categories: primary residence, secondary residence, or non-professional space. Currently, 80% of total bookings are categorized.