Rentals. The most controversial points of the law that the Senate could approve

[Alpinista]

Yes, but all this is about long-term rentals.

The short-term rental market is a horse of a different color. The owner has a chance to raise the rent or get rid of a troublesome tenant every 3 months.

I would be very surprised is short term rentals / Airbnb is excluded ... After all, the goal is to increase tax. But probably someone with more insight can shed some light here.

 

[antipodean]

The reality is it just pushes long term rentals further into informality or the opposite of what the law aimed to achieve in the first place.
For example owners could:
- Set a price that contemplates all the "add ons". Declare 20% of the rent value on a rental contract and register it accordingly (up to $30.000 a month is tax free after-all...) Then for the remaining 80% of rent price gets drawn up as a "mutual contract" (like a loan or something, fully declared and registered but still exempt from taxes) with pre-agreed adjustments and none of the big risks owners don't like.
- Insist on perpetual short term leases of 3-6 months where the price gets reset based on actual inflation upon each new contract. This puts the tenant in a precarious situation however.

Meanwhile if you take a look at Argenprop or similar you see a lot less apartments available and far higher prices as a result of this.
Once the dust settles the "work-arounds" will become more popular and we will get by - but the housing situation for renters will not be any better than it was before.

 

[gracielle]

Alquileres: comienza a regir la obligación de informar los contratos ante la AFIP

La resolución establece sanciones para quienes incumplan y no presenten la información requerida dentro del régimen de registración de contratos de locación de inmuebles

www.baenegocios.com

17 February 2021
LOCACIONES....(translation: properties that are being used by someone other than the owner(s). Rentals: the obligation to report contracts to the AFIP begins to govern. The resolution establishes sanctions for those who fail to comply and do not submit the required information within the registration regime for real estate rental contracts.

The Federal Administration of Public Revenues (AFIP) regulated the property rental registration regime, which establishes the obligation to report all types of rental contracts including urban, commercial and rural leases and establishes sanctions for those who do not comply with it. All contracts must be informed digitally by entering the Tax Code at afip.gob.ar at the service "Registry of Real Estate Locations - RELI -CONTRIBUYENTE". This regulation, which is issued as General Resolution 4933 and which will be published this Thursday in the Official Gazette, will be the tool to have "relevant information to verify compliance with the tax obligations of the parties involved in different operations."

What rentals to register. The AFIP regulations provide the contracts reached by the regulation:
Urban real estate
Leases on rural real estate
Temporary rental of real estate -urban or rural- for tourist, rest or similar purposes
Fixed or mobile spaces or surfaces -exclusive or not- delimited within real estate such as commercial premises and / or "stands" in supermarkets, hypermarkets, shopping malls, shopping centers, promenades or galleries, etc.

It is a regulation linked to Law 27,551 that establishes the obligations of the Regulation for the Registration of Real Estate Rental contracts, which comes into effect as of March 1st. However, contracts entered into as of July 1, 2020 and that remain in force, as well as those entered into during March 2021, will have an exceptional period for their registration until April 15, 2021, inclusive. The resolution establishes sanctions for those who fail to comply and do not submit the required information within the real estate rental contract registration regime, although the AFIP did not communicate the details.

Alquileres Afip: qué dice la ley

La creación del registro de contratos que regirá a partir del primero de marzo permitirá formalizar irregularidades en los alquileres. Se trata de uno de los artículos de la Ley 27.551. Qué otros puntos son clave a la hora de negociar nuevos acuerdos

www.baenegocios.com

18 February 2021
INFORMATION FOR TENANTS. AFIP Rentals: what the law says. The creation of the registry of contracts that will be in force as of March 1st will allow the formalization of rental irregularities. It is one of the articles of Law 27,551. What other points are key when negotiating new....

 

[Rich One]

Yes, but all this is about long-term rentals.

The short-term rental market is a horse of a different color. The owner has a chance to raise the rent or get rid of a troublesome tenant every 3 months.

Raise rent perhaps if the tenant agrees. Get rid ? desalojos/evictions are not allowed now...! If the family has a minor or a handicapped person or senior pensioneer , eviction unlikely..!

 

[gracielle]

Yes, but all this is about long-term rentals.

NO....see my post of today on page 4 of this thread.
The new law includes "Temporary rental of real estate -urban or rural- for tourist, rest or similar purposes".

 

[gracielle]

I would be very surprised is short term rentals / Airbnb is excluded ... After all, the goal is to increase tax. But probably someone with more insight can shed some light here.

It is the owner(s) who are mandated to register their short-term rental units with the AFIP. Platforms, such as Airbnb, realtors, etc. are merely go-betweens the owner(s) and tenant(s).

 

[Ronnie Hotdogs]

I don’t see anything wrong with the law giving a bit of extra protection for the tennant.
It’s also nice that you don’t pay any commission any more that’s covered by the landlord.
I recently signed a new contract at a different place which references the new law and the clauses etc.
Also bear in mind that for expenses you do not have to pay extraordinary expenses for maintenance of the building, there’s also clauses in there about who pays what for the ABL.

 

[artisans]

Is there any indication how this will effect existing rental contracts? It's clear that the landlord must register the/a rental contract. Does it open the door for or require a new negotiation of existing contracts between landlord and tenant before the term of the existing rental agreement?
Contracts that were done prior to and did not take into account the new rules,

 

[gracielle]

Is there any indication how this will effect existing rental contracts? It's clear that the landlord must register the/a rental contract. Does it open the door for or require a new negotiation of existing contracts between landlord and tenant before the term of the existing rental agreement?
Contracts that were done prior to and did not take into account the new rules,

First one needs to read the specifics of the law when it is published in the Boletin Oficial.

Boletín Oficial de la República Argentina

Boletín Oficial de la República Argentina

www.boletinoficial.gob.ar

 

[artisans]

First one needs to read the specifics of the law when it is published in the Boletin Oficial.

Boletín Oficial de la República Argentina

Boletín Oficial de la República Argentina

www.boletinoficial.gob.ar

Are you suggesting it hasn't yet been published?