Letting Apartments to tourists A guide to what is important when letting your apartment to tourists
Letting apartments to tourists I let my apartment to tourists on the internet, many people say. This is fast and easy to do on the web. International online platforms make it happen. But: Which legal requirements do I have to meet? Which data do I have to report? How do I act properly? Anybody offering an apartment for the purpose of tourism on the internet should ask these questions at the very beginning. After all, applicable legislation also has to be complied with when an apartment is let via an internet platform. By providing the information below, the City of Vienna wishes to give you an overview of existing regulations. Attention: You remain responsible for complying with all the legal requirements yourself. Therefore we recommend you to get more detailed information.
am i allowed to let my apartment? On principle, apartments may be rented out to tourists. There are, however, some restrictions under civil law, such as: Tenancy agreement: The tenancy agreement may contain a clause prohibiting subletting or similar activities. Municipal housing system: Subletting or allowing third parties to use the rented home is not permitted under section 11 of the Tenancy Act (Mietrechtsgesetz MRG). Likewise, there is a general ban on subletting rooms in non-profit student hostels. Non-compliance may result in the termination of the tenancy agreement. Owner-occupied apartments: According to a ruling of the Austrian Supreme Court (5 Ob 59/14h), owners of apartments may have to obtain the consent of all other co-owners under certain circumstances before they can rent out their own apartment to tourists. You should also have a look at the apartment ownership contract (Wohnungseigentumsvertrag) for the building. NOTE: Further information on tenancy law is available via the QR code or at: www.help.gv.at
do i have to pay taxes? Austrian tax law applies to income earned by accommodating tourists. Such income may be subject to income tax and value-added tax. You can find information on tax law, for example, at www.help.gv.at If you rent out accommodation to tourists in the territory of Vienna, you have to open a local tax (Ortstaxe) account. For that purpose, you submit an application to the competent Municipal Department 6. On principle, tourists who stay at an accommodation against payment in Vienna have to pay local tax. The accommodation providers (e.g. hotels or owners of holiday homes) have to collect this local tax from their guests and pay it to the municipal administration. This also applies to hosts letting private homes to tourists via an internet platform. Easily computing the local tax online Online local tax calculator of the City of Vienna note: Further information on the local tax is available via the QR code or at: www.wien.at
do i need a trade licence? When you let your apartment to tourists you may need a trade licence. A trade licence is not required if you provide accommodation as a secondary domestic occupation (section 2 (1) (9) of the Trade, Commerce and Industry Regulation Act 1994 Gewerbeordnung or GewO for short), i.e. you offer not more than ten beds to tourists; the work involved is performed by persons normally living in the household; the activity plays a relatively minor role as a gainful occupation. However, the activity could also be considered to fall under the unregulated trade of bed & breakfast provision (section 111 (2) (4) GewO 1994), i.e. you offer not more than ten beds to tourists; you serve breakfast and small snacks as well as certain types of beverages to your guests. NOTE: Further information on trade licencing is available via the QR code or at: www.wien.at
do i need a trade licence? Furthermore, letting accommodation may also constitute a regulated trade (section 111 (1) (1) GewO 1994), e.g. if you offer more than ten beds. do i need to report statistical data? The Austrian Tourism Statistics Ordinance 2002 (Tourismusstatistik-Verordnung) obliges commercial and private accommodation providers to report the number of their guests and the nights stayed to the municipal administration on a monthly basis. Arrivals and nights stayed have to be broken down by the guests country of origin. The data are used to compile the Austrian accommodation statistics. When you let your private apartment to tourists, you are required to file these data too. If you do not yet have login data for the online portal of the competent Municipal Department 23, please write to tourismus-statistik@ma23.wien.gv.at note: Further information on the accommodation statistics is available via the QR code or at: www.wien.at
does the obligation to register apply to everybody? Commercial and private accommodation providers have to keep a guest register (section 10 of Registration Act 1991 Meldegesetz) to comply with the registration obligation. All guests have to be registered by entering their data in a guest sheet (or guest register in future) upon their arrival (within 24 hours at the latest) and to be de-registered upon departure regardless of the duration of their stay. For longer stays, guests also have to be registered with the registration authority. further Information The City of Vienna presented the strategy Turning the sharing economy into a fair economy on its approach to the sharing economy. Read more at: www.sharing.wien.at note: Further information on registration law is available via the QR code or at: www.help.gv.at
City of Vienna Municipal Department 23 Economic Affairs, Labour and Statistics Meiereistraße 7/sector B 1020 Wien/Vienna