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Cabo San Lucas

Baja California Sur · Mexico
Active
Last updated: 2026-06-23  ·  Last verified: 2026-06-23  ·  Region: International

At a Glance — Cabo San Lucas Airbnb & STR Rules

RuleDetails
Regulatory StatusPermitted with registration
Permit / License RequiredNo STR-specific license; hosts operating as a business should obtain a municipal operating license (licencia de funcionamiento) from the Los Cabos Tre
Tax RateBCS state lodging tax (ISH) 4% on lodging (raised from 3%); Airbnb is not exempt and auto-adds/remits ISH for Baja California Sur. Plus federal ISR an
Night / Day CapNone sourced (no municipal night cap published as of H1 2026).
Minimum StayNo municipal minimum; HOA/condo rules may set minimum stays.
Permit FeeUnknown for exact municipal license fee (documents gathered via Los Cabos Treasury office).
PenaltiesPenalties from SAT for tax non-compliance (back taxes, fines); no municipal STR-specific penalty schedule sourced.
Primary Residence RequiredNo — owners of secondary homes and investment properties can legally operate STRs; no residency requirement.
Occupancy LimitUnknown.
Browse all 11 STR regulations in Mexico →

Cabo San Lucas Airbnb & Vacation Rental Regulation Overview

Cabo San Lucas Short-Term Rental Regulations Overview

Short-term rental operations in Cabo San Lucas, Baja California Sur are permitted under an active regulatory framework as of 2026. Hosts operating on Airbnb, VRBO, or other vacation rental platforms must obtain proper licensing: No STR-specific license; hosts operating as a business should obtain a municipal operating license (licencia de funcionamiento) from the Los Cabos Treasury and register for the state lodging tax.. The associated permit fees are Unknown for exact municipal license fee (documents gathered via Los Cabos Treasury office)..

Tax Requirements for Airbnb Hosts in Cabo San Lucas

Short-term rental operators in Cabo San Lucas should be aware of these tax obligations: BCS state lodging tax (ISH) 4% on lodging (raised from 3%); Airbnb is not exempt and auto-adds/remits ISH for Baja California Sur. Plus federal ISR and 16% IVA on furnished rentals.. Yes — register for an RFC with SAT and register for the BCS state lodging tax; standard SAT business/tax compliance applies..

Hosting Rules and Restrictions in Cabo San Lucas

Key operational rules for vacation rental hosts in Cabo San Lucas include: Primary residence requirement: No — owners of secondary homes and investment properties can legally operate STRs; no residency requirement.. Rental day cap: None sourced (no municipal night cap published as of H1 2026).. Occupancy limit: Unknown.. Minimum stay: No municipal minimum; HOA/condo rules may set minimum stays..

Zoning and Location Requirements in Cabo San Lucas

Zoning considerations for short-term rentals in Cabo San Lucas: No officially published neighborhood bans or municipal restricted zones as of H1 2026; restrictions are building-by-building (HOA rules), e.g., Pedregal and certain beachfront complexes.. Density rules: Unknown (no enacted density rules).. Insurance: Unknown (no STR insurance mandate sourced)..

Penalties for Non-Compliance in Cabo San Lucas

Hosts who fail to comply with Cabo San Lucas's short-term rental regulations may face enforcement action. Penalties from SAT for tax non-compliance (back taxes, fines); no municipal STR-specific penalty schedule sourced..

Platform Obligations in Cabo San Lucas

Platform obligations for services like Airbnb, VRBO, and Booking.com operating in Cabo San Lucas: Airbnb automatically adds and remits the BCS lodging tax to the state; platforms must withhold ISR/IVA and report under SAT digital-platform rules..

Full Regulatory Details

Regulatory Status
Active
License / Registration
No STR-specific license; hosts operating as a business should obtain a municipal operating license (licencia de funcionamiento) from the Los Cabos Treasury and register for the state lodging tax.
Tax Registration
Yes — register for an RFC with SAT and register for the BCS state lodging tax; standard SAT business/tax compliance applies.
Permit Fee
Unknown for exact municipal license fee (documents gathered via Los Cabos Treasury office).
Primary Residence Rule
No — owners of secondary homes and investment properties can legally operate STRs; no residency requirement.
Night / Day Cap
None sourced (no municipal night cap published as of H1 2026).
Occupancy Limit
Unknown.
Tax Rate
BCS state lodging tax (ISH) 4% on lodging (raised from 3%); Airbnb is not exempt and auto-adds/remits ISH for Baja California Sur. Plus federal ISR and 16% IVA on furnished rentals.
Zoning Restrictions
No officially published neighborhood bans or municipal restricted zones as of H1 2026; restrictions are building-by-building (HOA rules), e.g., Pedregal and certain beachfront complexes.
Minimum Stay
No municipal minimum; HOA/condo rules may set minimum stays.
Density Rules
Unknown (no enacted density rules).
Insurance Required
Unknown (no STR insurance mandate sourced).
Platform Obligations
Airbnb automatically adds and remits the BCS lodging tax to the state; platforms must withhold ISR/IVA and report under SAT digital-platform rules.
Compliance Notes
Provide RFC to Airbnb to obtain lowest withholding; file monthly VAT and monthly/annual ISR; issue facturas; comply with HOA policies. Enforcement has focused more on tax collection than shutting down individual listings.
Effective Date
BCS 4% lodging tax increase approved (1% rise from prior 3%); Airbnb ruled non-exempt. Exact enforcement timing not precisely dated in sources.
Key Notes
No special STR license exists at municipal level; main constraints are HOA rules and tax compliance. Separate BCS state 'Embrace It' tourist fee (~488 pesos/~US$28) for foreign arrivals staying 24h+, plus a 4% lodging tax funding the Los Cabos Tourism Board.
Penalties
Penalties from SAT for tax non-compliance (back taxes, fines); no municipal STR-specific penalty schedule sourced.
Additional Context
Coastal restricted zone — foreigners hold property via fideicomiso. ~4,877 active listings tracked; ~57% average occupancy; ~93% of guests are international. Federal cruise tax rising (US$5 now → $10 in July 2026).
Sources
https://finanzasbcs.gob.mx/
thelatinvestor.com (Cabo San Lucas, Apr 2026)
thecabosun.com
Mexico News Daily (Feb 2026)
airbnb.com/help/article/2834
airbtics.com (Los Cabos, Dec 2025)
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Frequently Asked Questions

Is Airbnb legal in Cabo San Lucas?

Yes, Airbnb and short-term rentals are legal in Cabo San Lucas with proper registration and permits. Provide RFC to Airbnb to obtain lowest withholding; file monthly VAT and monthly/annual ISR; issue facturas; comply with HOA policies. Enforcement has focused more on tax collection than shutting down

Do you need a permit for Airbnb in Cabo San Lucas?

Yes. Cabo San Lucas requires the following for short-term rental operation: No STR-specific license; hosts operating as a business should obtain a municipal operating license (licencia de funcionamiento) from the Los Cabos Treasury and register for the state lodging tax..

What taxes apply to short-term rentals in Cabo San Lucas?

Short-term rental hosts in Cabo San Lucas are subject to the following tax obligations: BCS state lodging tax (ISH) 4% on lodging (raised from 3%); Airbnb is not exempt and auto-adds/remits ISH for Baja California Sur. Plus federal ISR and 16% IVA on furnished rentals..

What are the penalties for illegal Airbnb hosting in Cabo San Lucas?

Hosts who operate without proper permits in Cabo San Lucas may face enforcement. Penalties from SAT for tax non-compliance (back taxes, fines); no municipal STR-specific penalty schedule sourced..

What are the key STR compliance requirements in Cabo San Lucas?

No special STR license exists at municipal level; main constraints are HOA rules and tax compliance. Separate BCS state 'Embrace It' tourist fee (~488 pesos/~US$28) for foreign arrivals staying 24h+, plus a 4% lodging tax funding the Los Cabos Tourism Board.

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