Fiduciary
Taxation of income from real estate rented on an internet platform
The income generated from real estate rented by an individual on an Airbnb-type platform may, depending on the duration of the rental, fall under either the taxation of private income or the taxation of professional income.
Occasional rentals on a platform such as Airbnb
Occasional rental of accommodation on a platform such as Airbnb does not have any particular consequences and the income from rented accommodation is taxed as property income.
Usual rentals on a platform such as Airbnb
Regularly renting accommodation on an Airbnb-type platform carries numerous tax consequences, but also prior obligations such as the obligation to obtain a business license and registration with the Luxembourg business register.
The law deems commercial the activity which consists of renting furnished accommodation for more than 90 nights per year to passing customers, who do not fix their residence and who carry out a stay there characterized by rental by the day, by the week or monthly.
Therefore, the owner (individual, etc.) who rents his property for more than 90 nights per year to a passing clientele must apply for and obtain a business license, and, as a result of his commercial activity, also register in the Luxembourg business register.
From a tax perspective, income from the commercial rental of real estate will no longer be treated as property rental income but as commercial profit, with the obligation for appropriate accounting.
In terms of VAT, this activity confers on the owner the status of taxable person (since it is an independent economic activity) but without obligation (and even, most often, without even the possibility) of registration with of VAT since housing rental activities are exempt from VAT (and therefore without the possibility of collecting or deducting VAT).