Virginia vacation rental tax guide

With a bounty of popular destinations including Colonial Williamsburg, Mount Vernon, and Virginia Beach, Old Dominion offers ample opportunity for short-term rental (STR) businesses.But these opportunities come with tax obligations. Like hotel stays, STR stays in Virginia are subject to lodging taxes.

Failure to comply with state and local tax laws can result in fines and penalties. Tax jurisdictions are increasingly making STR tax compliance a priority, so it’s important to address compliance before tax authorities address it for you.

Avalara MyLodgeTax put together this guide to help you comply with Virginia lodging tax laws at the state level. Local jurisdictions such as cities or counties may have their own lodging tax rules. For more information on the tax rates and jurisdictions that apply to your rental’s specific location, use our lodging tax lookup tool.

No lodging tax guide is a substitute for professional tax advice. Consider this an asset to help you understand and prioritize your lodging tax questions and concerns. Questions pertaining to specific situations or out-of-the-ordinary conditions are best solved with a certified tax professional familiar with Virginia tax laws.

Lodging tax basics

Lodging tax is calculated as a percentage of the cost of your guest’s stay and added to the price on the bill. The guest pays the tax, but the STR operator is responsible for collecting and paying it to the proper tax authority.

What’s the definition of “short-term rental” in Virginia?

Virginia sales tax applies to the sale or charge for any room or rooms, lodgings or accommodations furnished to transients by any hotel, motel, inn, tourist camp, tourist cabin, camping grounds, club, or other similar place for a period of less than 90 continuous days. The tax applies to all sales of tangible personal property by such businesses. Local jurisdictions such as cities or counties may have their own definitions.

Who’s required to collect and file lodging taxes on short-term rentals in Virginia?

If you collect payment from short-term guests renting out a room, apartment, house, or other dwelling, you’re likely responsible for collecting, filing, and remitting lodging taxes to Virginia tax authorities.

Location is key to compliance

The location of your rental is a crucial piece of information for lodging tax compliance. Your address determines which tax jurisdictions you’re required to report to, which taxes you need to collect, and the appropriate tax rates.

Use our lodging tax lookup tool to get a rate report specific to your Virginia rental’s address. The report includes the estimated total tax rate to collect from guests, number of required registrations, number and frequency of returns per year, and minimum number of rented days to qualify as a taxable stay. Tax rates and the rules governing them change frequently. Please consider your tax rate report to be informative rather than authoritative.

Registering with tax authorities

Before you can begin collecting taxes on your STR in Virginia, you’re legally required to register with the Virginia Department of Taxation. You can register online to receive a sales tax account number and your Sales Tax Certificate of Registration. If all of your transactions in Virginia are conducted through an STR marketplace such as Airbnb or Vrbo, you don’t need to register to collect Virginia sales tax.

Depending on your jurisdiction, you may also be required to register with your local tax authority and file local lodging tax returns.

Local short-term rental regulations

STR operators in Virginia should be aware of the local regulations that apply to them, including rules covering:

• Legality
• Permits, licenses, and registration
• Zoning
• Advertising
• Neighborhood notification
• Building and housing standards

Homeowner associations (HOAs), condominium communities, co-ops, and landlords may also have specific rules regarding vacation rentals. It’s your responsibility to be aware of STR policies that apply to your property.

Collecting lodging taxes

Once you’ve registered with tax authorities, you’re ready to start collecting lodging taxes, which you’ll add to your guest’s bill when they pay for their stay.

Which lodging taxes apply to Virginia short-term rentals?

In Virginia, a number of different lodging taxes may apply to your STR, depending on your location. These can include:

Tax rates

Before you can begin collecting lodging taxes, you need to know the correct rate to charge to avoid compliance issues. Our lodging tax lookup tool can give you a rate report specific to your Virginia address.

What charges are taxable?

Lodging tax applies to the total price paid for the use or possession of transient lodgings. This includes charges such as cleaning fees, pet fees, rollaway bed fees, extra person fees, marketplace fees, etc.

What happens when my short-term rental marketplace (such as Airbnb or Vrbo) collects taxes for me?

In Virginia, “accommodations intermediaries” such as Airbnb or Vrbo are required to collect lodging taxes from guests at the time of payment. If all of your transactions in Virginia are conducted through a marketplace, you don't need to register with the Virginia Department of Taxation or collect Virginia sales tax.

If taxes aren’t being collected for you, such as when guests book directly with you rather than through a marketplace, you’re responsible for collecting and remitting lodging taxes to tax authorities.

Are guests ever exempt from taxes?

There are situations in which you aren’t required to collect lodging taxes in Virginia. For example, a guest who rents for a long term rather than a short term is exempt from state lodging taxes. Purchases by federal or state governments and specific local government agencies are also exempt. Local tax authorities may have their own rules.

Filing lodging tax returns

After you’ve collected taxes from your guests, it’s time to file your tax returns with the Virginia Department of Taxation. In Virginia, you can file returns and pay tax online.

When do I need to file my returns?

You’ll be assigned a filing frequency and due dates when you register with the tax authority. For filing with the Virginia Department of Taxation, state lodging tax due dates are as follows:

I didn’t rent my property during this filing period. Am I still required to file a lodging tax return with the Virginia Department of Taxation?

Yes. STR operators registered with the Virginia Department of Taxation are required to file returns each assigned filing period, regardless of whether you had any STR income or collected lodging taxes. Such returns are commonly known as “zero dollar returns.” Local tax authorities may have their own requirements.

Are there penalties for filing taxes late?

Whether you choose to offer STRs through a marketplace like Airbnb or Vrbo, or directly to guests, you open the door to tax liability at the state and local level. As tax revenue is a major source of local funding, tax authorities are becoming more aggressive in their efforts to identify individuals and businesses violating tax laws. Failure to register with tax authorities and file lodging tax returns in Virginia on time may result in late fees, interest payments, and in extreme cases, legal action.

I’ve been offering short-term rentals without collecting lodging tax. What options do I have?

If you’re already operating an STR but not collecting lodging taxes, you may be in violation of Virginia tax laws. Take the time to review your legal responsibility (with a tax professional, if necessary) and understand the risks.

STR operators in Virginia may be able to take advantage of a voluntary disclosure agreement (VDA). A VDA offers an opportunity for hosts to proactively disclose prior period tax liabilities in accordance with a binding agreement with the Virginia Department of Taxation. VDAs are offered to encourage cooperation with state tax laws and may result in some or all penalty and interest payments being waived.

Are there options for outsourcing lodging tax filing?

Yes. Many STR operators in Virginia file several state and local lodging tax returns every year. Filing solutions such as Avalara MyLodgeTax can relieve this burden.