The Bill of Law N.20865: Master Law for the Regularization of Non- Traditional Hosting and its Intermediation through Digital Platforms (in Spanish Ley Marco para la Regularizacin del Hospedaje no Tradicional y su Intermediacin a travs de plataformas digitales) was approved by Congress on September 5th, 2019. The enactment of the law will have an impact on all Properties to be rented under the platform of Airbnb or any similar digital platform.
The main objective of the law is to regulate the renting services operating under digital platforms. Therefore, the law is aimed to: (i) protect the rights of users of such services; (ii) create a data base of renting services providers through digital platforms which allows a proper control and monitoring of these services by the Government; (iii) tax the services accordingly.
Additionally, the law includes obligations for consumers and intermediaries. Among other obligations, the entities providing renting services must:
i) Register before the Costa Rican Institute of Tourism (Instituto Costarricense de Turismo in Spanish),
ii) Obtain a Municipal License.
iii) Register before the Tax Authority as a tax payer (consequently to pay all applicable),
iv) Comply with the Law for the Equality of Opportunities of Persons with Disabilities (Ley de Igualdad de Oportunidades para las Personas con Discapacidad in Spanish). This requirement will be applicable two (2) years after the entry into force of the law; furthermore, properties inhabited by the owner will be exempted from this requirement.
v) Issue an invoice according to local regulations and, vi) Abstain of engaging with abusive clauses as defined under local legislation.