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Tennessee has become a hotspot for Airbnb and short-term rental investors thanks to its booming tourism, legendary music scene, and standout food culture. But before jumping in, it’s essential to get familiar with the state’s short-term rental laws. At the state level, short-term rentals are legal and protected under Tennessee’s Short-Term Rental Unit Act, which limits how much local governments can restrict them. Basically, cities and counties can only block rentals when there’s a genuine concern for public health or safety.
That said, local rules still matter. Cities like Nashville and Memphis have specific requirements, including permits, zoning restrictions, and registration. Staying compliant with both state and local laws is key to avoiding issues.
If you’re considering turning your property into an Airbnb but aren’t sure whether it’s allowed in your area, Awning can help. As a national property management company, they’re experienced with local laws and can walk you through what’s required. Call or text 415-941-5206 to connect with an Awning agent and find out if your property qualifies.
Tennessee's Short-Term Rental Unit Act, effective since May 17, 2018, defines a short-term rental as any residential dwelling—be it a single-family home, apartment, condo, cooperative, or timeshare—that's rented out fully or partially for less than 30 consecutive days. This categorization distinguishes short-term rentals from hotels, motels, and bed-and-breakfast establishments.
Unlike states such as California, which cap non-owner-occupied short-term rentals to a maximum of 180 days per year, Tennessee's legislation doesn't differentiate between owner-occupied and non-owner-occupied properties. This inclusive approach makes Tennessee an attractive market for both local and out-of-state investors looking to delve into the vacation rental industry.
A pivotal aspect of the Act is its limitation on local governments: they cannot prohibit or regulate the use of properties as short-term rentals based solely on their classification, use, or occupancy. This provision sets Tennessee apart from many other states, fostering a legislative environment conducive to the growth of vacation rentals.
However, the Act does permit local authorities to implement restrictions or bans on short-term rentals when public health and safety are at stake. This ensures that while the rights of property owners and hosts are upheld, the well-being of the general public remains a priority.
If you're considering turning your Tennessee property into a short-term rental, it's essential to understand the state's business tax and licensing requirements. While there's no state-level license needed, you'll need to navigate county and city obligations to ensure compliance.
Operating a short-term rental in Tennessee requires obtaining business licenses at both the county and city levels:
Each license involves a $15 registration fee, payable to the respective county and city clerks. It's important to note that these licenses must be obtained before commencing rental operations.
Your gross receipts determine the type of license required:
Short-term rental operators are classified under Classification 3 for business tax purposes, as they are considered providers of overnight accommodations.
By adhering to these guidelines, you can confidently and legally operate your short-term rental in Tennessee, ensuring compliance with all state and local regulations.
In Tennessee, business licenses for short-term rentals generally renew automatically each year—as long as you stay on top of your tax filings. If you're operating with a standard business license (meaning you make over $100,000 in gross receipts annually), your license gets renewed after you file and pay your state business taxes.
No need for a separate renewal form or fee—just make sure your return is on time. For those with a minimal activity license (between $3,000 and $100,000 in receipts), renewal is done locally with your county or city clerk, usually for a $15 fee each year.
That said, the renewal process can vary a bit depending on your location. Some places, like Nashville, send out email reminders ahead of expiration, while others expect you to remember on your own. To avoid any surprises, it’s smart to confirm the process with your local government office and make sure your contact info is current. Staying ahead of deadlines keeps your rental running without hiccups.
Starting a short-term rental in Tennessee doesn't require a state-level license, but you'll need to obtain business licenses from both your county and city authorities. The specific documents required for these licenses can vary depending on your property's location.
Commonly requested items include proof of ownership, personal identification, and a detailed floor plan of your property. Some jurisdictions might also ask for proof of insurance or safety inspections. It's essential to consult your local county and city clerk's offices to determine the exact documentation needed for your area.
Additionally, certain Tennessee cities have their own specific requirements. For instance, Sevier County mandates that short-term rental operators obtain a county business license and adhere to local lodging tax regulations. They also require an annual fire inspection for properties outside city limits. Given these variations, it's crucial to check with your local authorities to ensure you're meeting all necessary requirements for your short-term rental.
Navigating Tennessee's tax landscape is crucial for Airbnb hosts and short-term rental operators. Here's a breakdown of the key taxes you should be aware of:
In Tennessee, short-term rentals (defined as stays of less than 90 consecutive days) are subject to a state sales tax of 7% on the total rental price, which includes cleaning and guest fees. Additionally, local sales taxes range from 1.5% to 2.75%, depending on the county, bringing the combined average sales tax rate to approximately 9.55%.
If you list your property through an online marketplace facilitator like Airbnb or Vrbo, these platforms are required to collect and remit the sales tax on your behalf. However, it's essential to maintain accurate records to confirm that taxes have been appropriately handled.
Use tax applies to tangible personal property used in Tennessee on which no sales tax has been paid. For instance, if you purchase furniture or supplies for your rental from an out-of-state vendor who doesn't charge Tennessee sales tax, you're responsible for reporting and paying the equivalent use tax directly to the Tennessee Department of Revenue.
Short-term rental operators with gross receipts of $100,000 or more in a county or city jurisdiction are required to register for and pay business tax to the Tennessee Department of Revenue and obtain a business license from the respective county and, if applicable, city. This tax is due annually, and the rates vary by jurisdiction. If your gross receipts are below this threshold, you're not subject to the business tax but should stay informed about any changes.
If you operate your short-term rental through a limited liability company (LLC) or another entity that provides limited liability protection, you may be subject to Tennessee's franchise and excise taxes. These taxes apply to the net earnings of the entity and its net worth. Sole proprietors and general partnerships without limited liability protection are generally exempt from these taxes.
Many Tennessee municipalities impose local occupancy taxes on short-term rentals, often referred to as hotel or lodging taxes. The rates and regulations vary by city and county. Platforms like Airbnb may collect and remit these taxes on your behalf, but this depends on agreements with specific jurisdictions. If the platform doesn't handle this, you're responsible for collecting and remitting the occupancy taxes directly to the appropriate local authority.
Operating a short-term rental comes with potential tax deductions that can enhance your profitability. Common deductible expenses include:
Tennessee keeps things pretty simple when it comes to statewide rules for short-term rentals, which is great news if you’re an Airbnb host. The main focus is on making sure your guests are safe. That means you’ll need to install and maintain things like smoke detectors, carbon monoxide alarms, and—depending on the size of the property—possibly fire sprinklers. Regular testing and upkeep are part of the deal, too.
But here’s the thing: while the state gives you a lot of flexibility, cities and counties can (and do) set their own rules. So before you start renting out your place, make sure you check with your local city or county government. Their websites are usually the best place to find up-to-date info on permits, zoning, and other requirements you’ll need to follow.
While Tennessee’s Short-Term Rental Unit Act limits how far local governments can go in restricting short-term rentals, each city still has the power to create its own licensing and zoning rules. Here’s a simplified breakdown of what you need to know in the top Airbnb markets across the state:
Chattanooga allows both owner-occupied and non-owner-occupied short-term rentals, but with some zoning limitations and a required certificate from the city.
More info from Chattanooga Chamber.
Knoxville classifies rentals by how they’re used and where they’re located, with three permit types depending on ownership and zoning.
Memphis began enforcing updated STR rules in 2023, requiring permits and annual renewals.
Clarksville allows both owner-occupied and non-owner-occupied STRs, but requires a permit and compliance with specific safety and tax requirements.
Nashville has some of the strictest rules in the state, especially for non-owner-occupied rentals in residential zones.
Gatlinburg is STR-friendly, but your property needs to be in a zoned area and meet safety requirements.
Pegram currently has no specific short-term rental ordinance at the city or county level, making it one of the easiest places to start hosting in Tennessee.
Thanks to its mix of natural beauty, vibrant cities, and music-filled culture, Tennessee has quickly become one of the top places to invest in short-term rentals. What makes it even more appealing? The state’s relatively relaxed laws. Unlike some states that limit rentals to just a few weeks a year or ban non-owner occupied properties altogether, Tennessee generally gives hosts a lot more breathing room—especially if you do your homework and follow local rules.
Thinking about listing your property but unsure if you’re allowed to run a short-term rental in your area? Awning can help. As a nationwide property management team, they’re up to speed on STR laws across the board and can guide you through what’s needed. Call or text an Awning agent today at 415-941-5206 to find out if your property qualifies.
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