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San Jose

Costa Rica
Active
Last updated: 2026-07-08  ·  Last verified: 2026-07-08  ·  Region: International

At a Glance — San Jose Airbnb & STR Rules

RuleDetails
Regulatory StatusPermitted with registration
Permit / License RequiredYes — dual licensing required: (1) Registration with the Costa Rican Tourism Institute (ICT) in the Non-Traditional Rental Registry under Law No. 9742
Tax Rate13% VAT (IVA) on short-term rental stays under 30 days, charged to guests and remitted monthly via Form D-125. Additionally, a 12.75% withholding tax
Night / Day CapNone — no national or San José municipal cap on the total number of rental days per year.
Minimum Stay24 hours — Law No. 9742 defines non-traditional lodging as rentals of no less than 24 hours and no more than one year.
Permit FeeICT registration is free of charge. Patente comercial fees are set by the Municipality of San José based on gross annual revenue (filed via sworn decl
PenaltiesFines ranging from a few hundred to tens of thousands of USD depending on violation type and duration. Non-registration with ICT triggers an administr
Primary Residence RequiredNo — Costa Rican national law (Law 9742) does not require the property to be the operator's primary residence. Non-residents and foreign investors may
Occupancy LimitUnknown — no specific statutory guest-per-property occupancy cap found at national or San José municipal level; properties must meet Ministry of Healt
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San Jose Airbnb & Vacation Rental Regulation Overview

San Jose Short-Term Rental Regulations Overview

Short-term rental operations in San Jose are permitted under an active regulatory framework as of 2026. Hosts operating on Airbnb, VRBO, or other vacation rental platforms must obtain proper licensing: Yes — dual licensing required: (1) Registration with the Costa Rican Tourism Institute (ICT) in the Non-Traditional Rental Registry under Law No. 9742 (mandatory since August 2021); (2) A municipal bu. The associated permit fees are ICT registration is free of charge. Patente comercial fees are set by the Municipality of San José b.

Tax Requirements for Airbnb Hosts in San Jose

Short-term rental operators in San Jose should be aware of these tax obligations: 13% VAT (IVA) on short-term rental stays under 30 days, charged to guests and remitted monthly via Form D-125. Additionally, a 12.75% withholding tax on rental income classified as 'Real Estate Capital Income' (stays under 30 days) is being actively . Yes — mandatory registration as a taxpayer with the Dirección General de Tributación (DGT / Hacienda) via Form D-140 (ATV system for residents/DIMEX h.

Hosting Rules and Restrictions in San Jose

Key operational rules for vacation rental hosts in San Jose include: Primary residence requirement: No — Costa Rican national law (Law 9742) does not require the property to be the operator's primary residence. Non-resid. Rental day cap: None — no national or San José municipal cap on the total number of rental days per year.. Occupancy limit: Unknown — no specific statutory guest-per-property occupancy cap found at national or San José municipal level; properti. Minimum stay: 24 hours — Law No. 9742 defines non-traditional lodging as rentals of no less than 24 hours and no more than one year..

Zoning and Location Requirements in San Jose

Zoning considerations for short-term rentals in San Jose: Yes — the Municipality of San José applies local zoning rules that can restrict or prohibit STRs in certain residential zones. Certain parts of San José only permit short-term rentals in buildings spe. Density rules: Unknown — no specific density cap or per-block/neighborhood quota found at the San José municipal level.. Insurance: Recommended/Proposed — under Bills 23766 and 24061 currently in Costa Rica's Legislative Assembly, l.

Penalties for Non-Compliance in San Jose

Hosts who fail to comply with San Jose's short-term rental regulations may face enforcement action. Fines ranging from a few hundred to tens of thousands of USD depending on violation type and duration. Non-registration with ICT triggers an administrative fine equivalent to approximately half a base.

Platform Obligations in San Jose

Platform obligations for services like Airbnb, VRBO, and Booking.com operating in San Jose: Yes — under Resolution MH-DGT-RES-0025-2024 (effective January 2025), digital platforms (Airbnb, Booking.com, VRBO, etc.) must verify host identity and property information, and submit annual reports .

Full Regulatory Details

Regulatory Status
Active
License / Registration
Yes — dual licensing required: (1) Registration with the Costa Rican Tourism Institute (ICT) in the Non-Traditional Rental Registry under Law No. 9742 (mandatory since August 2021); (2) A municipal business license ('patente comercial') from the Municipality of San José (Municipalidad de San José) for commercially operated rentals.
Tax Registration
Yes — mandatory registration as a taxpayer with the Dirección General de Tributación (DGT / Hacienda) via Form D-140 (ATV system for residents/DIMEX holders) or a NITE number for non-resident foreigners. Electronic invoicing (Factura Electrónica) is also required for all taxable rental transactions.
Permit Fee
ICT registration is free of charge. Patente comercial fees are set by the Municipality of San José based on gross annual revenue (filed via sworn declaration); exact STR-specific fee schedule not publicly itemized — consult Municipalidad de San José (msj.go.cr). Patente payments are due quarterly.
Primary Residence Rule
No — Costa Rican national law (Law 9742) does not require the property to be the operator's primary residence. Non-residents and foreign investors may operate STRs.
Night / Day Cap
None — no national or San José municipal cap on the total number of rental days per year.
Occupancy Limit
Unknown — no specific statutory guest-per-property occupancy cap found at national or San José municipal level; properties must meet Ministry of Health sanitary and safety standards.
Tax Rate
13% VAT (IVA) on short-term rental stays under 30 days, charged to guests and remitted monthly via Form D-125. Additionally, a 12.75% withholding tax on rental income classified as 'Real Estate Capital Income' (stays under 30 days) is being actively enforced starting end of 2026 via platform data-reporting (this is not a new tax but newly enforced under the 2019 Capital Gains framework). Annual income tax applies at progressive rates of 10%–25% on net profits. First ~3.8 million colones (~USD $7,600) of annual rental income is tax-exempt.
Zoning Restrictions
Yes — the Municipality of San José applies local zoning rules that can restrict or prohibit STRs in certain residential zones. Certain parts of San José only permit short-term rentals in buildings specifically zoned for such use. Condominium HOA rules may also independently prohibit or restrict STRs. Operators must verify the property's zoning classification with the Municipalidad de San José before listing.
Minimum Stay
24 hours — Law No. 9742 defines non-traditional lodging as rentals of no less than 24 hours and no more than one year.
Density Rules
Unknown — no specific density cap or per-block/neighborhood quota found at the San José municipal level.
Insurance Required
Recommended/Proposed — under Bills 23766 and 24061 currently in Costa Rica's Legislative Assembly, liability insurance to protect guests would become mandatory. Under current Law 9742, formal insurance is not explicitly mandated but is strongly recommended, especially where required by condominium rules.
Platform Obligations
Yes — under Resolution MH-DGT-RES-0025-2024 (effective January 2025), digital platforms (Airbnb, Booking.com, VRBO, etc.) must verify host identity and property information, and submit annual reports of rental income, reservation counts, bank details, and host identification to the Costa Rican Tax Authority (Hacienda) by January 31 of the following year. Platforms that fail to report face fines of 2% of prior-year gross income (minimum 3 base salaries, maximum 100 base salaries). Starting end of 2026, platforms will also withhold the 12.75% rental income tax at source.
Compliance Notes
Costa Rica became Latin America's first country to implement comprehensive digital platform tax reporting requirements (Jan 2025). As of 2025, compliance remains low: of 44,000+ national listings, only ~5,000 hosts are registered with ICT. The DGT has identified 500+ properties with unreported income, resulting in back taxes and penalties. Enforcement is escalating sharply in 2025–2026. Properties must also meet Ministry of Health sanitary standards and accessibility requirements under Law No. 7600 for persons with disabilities. Electronic invoicing is mandatory for all taxable transactions.
Effective Date
Law No. 9742 signed October 2019; regulations entered force August 2021. Platform reporting obligations (Resolution MH-DGT-RES-0025-2024) effective January 2025; first platform reports due by January 31, 2026 (for 2025 activity). 12.75% withholding enforcement expected by end of 2026.
Key Notes
STRs are fully legal and nationally regulated in Costa Rica under the 'non-traditional hospitality' framework. San José's Central Valley is under heightened regulatory scrutiny alongside popular beach destinations. Operating without ICT registration constitutes illegal operation. The ICT registry is public and searchable, and data is shared electronically with the DGT for enforcement. Bills 23766 and 24061 in Congress propose to strengthen penalties and add mandatory liability insurance — status as of July 2026 is still legislative/pending.
Penalties
Fines ranging from a few hundred to tens of thousands of USD depending on violation type and duration. Non-registration with ICT triggers an administrative fine equivalent to approximately half a base salary per detection event. Tax non-compliance triggers back taxes plus substantial penalties. Repeat offenders may face criminal charges and permanent bans from operating. Properties can be administratively closed. Fines can exceed USD $25,000 for serious violations.
Additional Context
Costa Rica's STR market is dynamic and growing, with tourism projected at up to 3.7 million visitors in 2025. San José (Central Valley) is one of the key regulated zones. The government's 2025–2026 enforcement push is driven by pressure from hotel associations to level the playing field between formal hotels and informal vacation rentals. Foreign property owners and expats face identical registration obligations as Costa Rican nationals. Property managers and legal firms such as Quatro Legal, Across Borders Legal, and Magma Legal offer compliance services.
Sources
https://www.ict.go.cr/es/documentos-institucionales/legislacion/decret…
Law No. 9742 (Costa Rica, 2019)
ICT Non-Traditional Rental Registry (ict.go.cr)
Resolution MH-DGT-RES-0025-2024 (DGT/Hacienda)
Municipalidad de San José (msj.go.cr)
Tico Times (July 2025)
Quatro Legal (Feb 2025, Mar 2026)
Across Borders Legal (Jul 2025)
Magma Legal
Hostaway (2026)
Accounting Costa Rica (Aug 2025)
ERP Lawyers (Jul 2025)
CentralAmerica.com (Dec 2024)
Osa Property Management (Sep 2025)
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Frequently Asked Questions

Is Airbnb legal in San Jose?

Yes, Airbnb and short-term rentals are legal in San Jose with proper registration and permits. Costa Rica became Latin America's first country to implement comprehensive digital platform tax reporting requirements (Jan 2025). As of 2025, compliance remains low: of 44,000+ national listings, onl

Do you need a permit for Airbnb in San Jose?

Yes. San Jose requires the following for short-term rental operation: Yes — dual licensing required: (1) Registration with the Costa Rican Tourism Institute (ICT) in the Non-Traditional Rental Registry under Law No. 9742 (mandatory since August 2021); (2) A municipal business license ('patente comercial') from the Municipality of San José (Municipalidad de San José) f.

What taxes apply to short-term rentals in San Jose?

Short-term rental hosts in San Jose are subject to the following tax obligations: 13% VAT (IVA) on short-term rental stays under 30 days, charged to guests and remitted monthly via Form D-125. Additionally, a 12.75% withholding tax on rental income classified as 'Real Estate Capital Income' (stays under 30 days) is being actively enforced starting end of 2026 via platform data-re.

What are the penalties for illegal Airbnb hosting in San Jose?

Hosts who operate without proper permits in San Jose may face enforcement. Fines ranging from a few hundred to tens of thousands of USD depending on violation type and duration. Non-registration with ICT triggers an administrative fine equivalent to approximately half a base salary per detection event. Tax non-compliance tr.

What are the key STR compliance requirements in San Jose?

STRs are fully legal and nationally regulated in Costa Rica under the 'non-traditional hospitality' framework. San José's Central Valley is under heightened regulatory scrutiny alongside popular beach destinations. Operating without ICT registration constitutes illegal operation. The ICT registry is public and searchable, and data is shared electronically with the DGT for enforcement. Bills 23766

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