The Government is studying incentives for migrating short-term local lodging to affordable long-term leases. It is not yet known how the Government plans to accomplish this objective. It may become possible to change the fiscal regime that requires the payment of capital gains when the property is no longer assigned to a professional activity and returns to the sphere of the owner.
Local Lodging is on the decline across the country with new registrations dropping by 43% when compared to the same period last year. According to data from the Local Lodging National Register, the sharpest drop occurred in Lisbon, which fell by 73%. Porto also saw the opening of new AL establishments down by almost 50%. ALEP, the Local Lodging Association of Portugal, attributes this accentuated contraction with the overall shift from a “niche activity” to a “mature enterprise”. Local Lodging represents 40% of the total overnight tourist stays in Portugal.
As compared to hotels, “AL” already has twice the capacity to receive tourists in Lisbon. In the nation’s capital which has 500,000 inhabitants, Local Lodging can accommodate 102,000 holidaymakers. In March 2019, there were 18,000 “AL” units in the municipality of Lisbon, an increase of around 80% from 2008, maintaining the trend of accelerated growth of previous years. Of the 18,000 accommodations, 90% are short-term holiday let apartments (notably commercialised through Airbnb), with 9% being hostels, while hotels can accommodate less than 50,000 travellers. Since 2001, the data reveals that Lisbon has been losing inhabitants while tourist demand has been steadily increasing. In 2011, the city received 2.9 million guests. By 2017, demand almost doubled to 5.2 million (+ 83%), which represents a nearly quarter of the total holidaymaker demand received nationwide.
Question: I have a local lodging unit that I have only been able to let during the high season. Now I have a potential tenant who wishes to rent the apartment for this eight-month period, from October to May. Can I do this by concluding a contract for the period and then move forward with weekly and biweekly lets in the summer?
Yes, such a hybrid solution is possible. You will need to make a rental contract, defining the duration of the agreement as well as delimit other conditions. In essence, this arrangement is compatible with your proposed summer “AL” activity. However, you will not be able to deduct expenses as you would with a conventional long-term lease.
Since the Local Lodging boom began in 2008, small property owners are returning in increasing numbers to traditional long-term rentals. Numerous factors are pushing this trend. “AL” offerings have reached glut conditions in some central urban areas. Excessive offerings and limited demand push down prices. Over the last ten years, Local Lodging enrolments in Lisbon have soared from less than 3,000 to almost 50,000. In addition, Local Lodging can prove to be demanding work. Outsourcing tasks such as cleaning, marketing and maintenance can eat into profits. In contrast, long-term rentals require only a minimum involvement on the part of landlords.
Inspections and audits of aquatic facilities in tourist resorts continue to be lacking more than a year after the latest legislation was passed. In question is Law 61/2017 of August 01 which exempted resorts from contracting lifeguards for their pools. According to this legislation, the presence of a lifeguard became optional, provided that permanent supervision was in place, secured by a duly identified technician with first aid training. According to the National Tourist Registry, there are currently 4,426 resorts registered in Portugal. “AL” units outnumber these registrations by almost 20 fold. Despite the disparity, the rules for tourist developments continue not to apply to Local Lodging Accommodations.
There may be a variety reasons for you to discontinue an “AL” business: a) you need your place for yourself; b) the property may be up for sale; c) the bureaucracy may be too cumbersome for you; d) competition may have driven down prices and the activity is no longer profitable, e) other. Whatever the motive that you no longer wish to continue to let short-term furnished accommodations to holidaymakers, there are several steps that you will need to take to make the change: Continue reading
The withdrawal of a property from a Local Lodging tourist activity was already potentially subject to capital gains assessment under previous legislation. However, the way the law was drafted left room for doubt as to the exact point that the tax would be due. In the 2018 State Budget, this doubt was clarified, making it unambiguous that there is deferred payment of capital gains tax when the property is further assigned on an ongoing basis to income from category F (long-term rental). Without this abeyance, a Capital Gain may be attained in the year of cessation of the business assignment. Regardless, reporting is done in your annual “IRS” return.
The Vila Nova de Gaia Municipal Council has passed regulations to limit Local Lodging establishments and prevent the dislocation of long-term residents from historic neighbourhoods. The city centre and the entrance to the bridge D. Luís I are two of the target areas for the new restrictions. These measures follow on the heels of similar actions taken in Lisbon and other municipalities around the country.
The number of new Local Accommodation (“AL”) registrations in the municipality of Oporto fell by 40% in the first quarter of 2019 as compared to the same period last year. The City does not manifest the need to implement “AL” containment measures as has happened in Lisbon, considering that tourism in Porto continues to grow and is in good health.