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Orange County, California Short-Term Rental Regulations: A 2026 Guide For Airbnb Hosts

Orange County short-term rental rules in 2026: the county permit for unincorporated areas, the 10% occupancy tax, and which cities still allow new ones.

Orange County, California

Quick answer: Are short-term rentals legal in Orange County?

Yes, though only in some places. Unincorporated Orange County still issues short-term rental permits under Zoning Code section 7-9-93, with a $600 deposit and renewal every two years. Most of the county's 34 cities are tighter than that, and Irvine and Santa Ana ban short-term rentals outright.

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Do you own a place in Orange County, California and you're weighing whether to put it on Airbnb or Vrbo? Well, the good news is that the answer isn't a flat no, though it comes down almost entirely to which side of a city line your front door happens to sit on. Orange County isn't one rulebook. It's 34 incorporated cities that each write their own short-term rental law, plus the unincorporated remainder, where the Board of Supervisors writes the law and still hands out permits to anyone who meets the standards.

Unfortunately for most owners reading this, that unincorporated piece is small. The Department of Finance estimates the county's demographers publish put 3,163,696 residents in Orange County as of January 1, 2026, and only 132,530 of them live outside a city. That's about four in every hundred. So the county permit is the whole answer for places like Ladera Ranch, North Tustin and Coto de Caza, and it's irrelevant everywhere else. Meanwhile several of the biggest city names have shut the door: Irvine and Santa Ana ban short-term rentals outright, Anaheim won't open any new ones, and Newport Beach has been sitting at its permit ceiling with nothing to issue.

So let's walk through what it actually takes to do this properly: which rulebook covers your address, what the county permit costs and how long it lasts, the documents you'll be uploading, the 10% occupancy tax you have to remit yourself because no platform does it for you here, how hard any of it gets enforced, and who to call when something stalls. Every figure below comes from Orange County's or California's own pages, checked in July 2026, and where something is still moving I've said so. Before you spend a dollar on furniture, run the property through BNBCalc first.

What are Short-Term Rental (Airbnb, VRBO) Regulations in Orange County, California?

Since the answer starts with jurisdiction, start there yourself. Two very different bodies of law carry the name "Orange County," and mixing them up is the most expensive mistake an owner makes here.

The County's own law is Section 7-9-93 of the Orange County Zoning Code, and it says up front that it "applies to the unincorporated areas including planned community and specific plan areas." That's the boundary. Once your parcel sits inside Anaheim or Irvine or Laguna Beach, the County's code stops applying and the city's takes over entirely.

Within the unincorporated area, the permission is real, and the definition is broad enough to matter. That's because a short-term rental means "a rental of all or any part of a dwelling unit to a person(s) as lodging for a period of less than thirty (30) days," which sweeps in a spare room as readily as a whole house. From there, Section 7-9-93 permits them in three settings, each subject to a Short-term Rental Permit issued by the Director. Single-family dwellings in single-family residential districts or designated single-family areas qualify, so do multifamily residential districts or designated multifamily areas, and so do commercial districts where a residential dwelling unit was previously approved. One carve-out catches people out, though, so do check it before you plan around a granny flat. Accessory dwelling units "shall not be used as short-term rentals," and that mirrors the state rule discussed further down.

Assuming your parcel clears that, the permit comes with performance standards attached, and they're written into the code rather than left to a staff report:

  • Two off-street parking spaces, available at all times, using the garage or the driveway or both.
  • A vehicle cap of one car for a one-bedroom unit and two cars for anything with two or more bedrooms. The Director can raise it based on site conditions, either at application or at renewal.
  • Overnight occupancy of two people per bedroom plus two more. A three-bedroom sleeps eight, and again the Director can approve more case by case.
  • No exterior signage on the property advertising the rental.
  • Quiet hours by decibel, not by clock alone. Under the County's Noise Control Ordinance at section 4-6-5, continuous exterior noise can't exceed 55 decibels between 7 a.m. and 10 p.m., or 50 decibels between 10 p.m. and 7 a.m., in any residential property.
  • Guest identification before occupancy. You have to collect the name, address and driver's licence number or passport copy of the primary adult occupant, and have that person sign an acknowledgement that they're legally responsible for everyone's compliance. Keep it handy, because the Orange County Sheriff or OC Development Services can ask to see it.
  • Four disclosures in the lease and on the wall. Every rental agreement has to state the maximum occupancy and that exceeding it is a violation, the parking spaces and vehicle limit, a warning that guests can be cited or evicted, and the name and always-reachable phone number of the owner or their designee. The same four have to be posted somewhere obvious inside the unit.

What's striking about the list is what isn't on it. There's no cap on the number of permits, no lottery, no waitlist, and no requirement that you live in the property. That combination has become rare in coastal Southern California, which makes the unincorporated county quietly one of the more open jurisdictions in the region.

Starting a Short-Term Rental Business in Orange County

Because that openness stops at the city limit, the first real task isn't an application at all. It's confirming which of 35 rulebooks governs your address, and county parcel records or a call to the permit counter will settle it in a few minutes. Get that wrong and you'll spend weeks applying to an agency that has no power over your property.

Here's how the largest short-term rental markets in the county stood in 2026, each taken from the jurisdiction's own published rules:

JurisdictionCan you start a new one?The governing rule
Unincorporated countyYes, no cap or lotteryZoning Code sec. 7-9-93
AnaheimNo, new ones stay prohibitedAnaheim Municipal Code ch. 4.05, June 2019
Dana PointOnly via the waitlistDana Point Municipal Code ch. 5.38, 115-permit cap
Huntington BeachHosted only, except in Sunset BeachHuntington Beach Municipal Code ch. 5.120
IrvineNo, banned in every residential zoneZoning secs. 3-25-3.A and 3-25-3.B
Laguna BeachCommercial and mixed-use districts onlyLaguna Beach Municipal Code ch. 25.23 and 5.84
Newport BeachNo, the 1,550 cap is fullNewport Beach Municipal Code ch. 5.95
Santa AnaNo, prohibited citywide since 2024April 2024 prohibition ordinances

A few of those deserve a sentence more, since the label alone undersells how different they are. Irvine goes furthest of anyone: its zoning code bars operating a short-term rental in any residential district, and merely advertising one is itself a violation, so a listing that never takes a booking can still get you cited. Santa Ana arrived at the same place by a different route, adopting an urgency ordinance and a regular ordinance in April 2024 that together prohibit "the offering, rental, or maintenance of any short-term rental for less than 30 days."

The coastal cities went the other way and built programs instead of bans, but built them tight. Newport Beach limits short-term lodging to the R-1.5, R-2 and RM zones and holds active permits at 1,550, and its own page says plainly that no new permits are being issued until the count drops below that. Dana Point allows a maximum of 115 permits outside its coastal zone, no more than 60 of which can go to non-primary rentals, with a waitlist once the cap fills. Huntington Beach splits the city in two, allowing only hosted stays where the owner is present everywhere except Sunset Beach. And Laguna Beach removed its R-1, R-2 and R-3 districts from the map altogether, leaving existing units as legal nonconforming and pushing anything new into the commercial and mixed-use districts, capped at 300 citywide plus 165 home-share units.

For anyone who already owns in a closed city, the honest pivot is the 30-plus-night furnished market, which falls outside all of these rules and under ordinary landlord and tenant law instead. The other pivot is geographic, and the comparison worth running is against markets that still permit whole-unit rentals under a permit system rather than a ban. Our San Mateo County guide and Sonoma County guide cover two very different versions of that trade.

Short-Term Rental Licensing Requirement in Orange County

Assuming your parcel does sit in the unincorporated county, the permit itself is then refreshingly ordinary. It's a ministerial approval, which the Zoning Code's own decision table assigns to the Director rather than to the Planning Commission, so there's no public hearing, no discretionary findings, and no neighbour vote to survive. Meet the standards and the permit issues.

Applications go through the county's myOCeServices portal, while the money side is where the older write-ups on this county have drifted out of date. As of July 2026 the OC Development Services fee schedule adopted in May 2024 sets the Short Term Rental Permit (Non-Discretionary) at a $600 time-and-materials deposit for fiscal 2024-25, 2025-26 and 2026-27 alike. Be aware of what "time and materials" means, since it isn't a flat fee: staff hours get billed against the deposit, and a straightforward file may not consume all of it while a messy one can run past it. The predecessor schedule had it at $500, so this went up rather than down, and the widely repeated $250 figure appears in neither document.

Once issued, the permit then runs on a two-year clock. Section 7-9-93 requires the owner to "apply for permit renewal every two (2) years," which is generous by California standards, since Dana Point's three-year review cycle and Laguna Beach's three-year licences are the nearest local comparisons. Two conditions attach to that renewal, though, and both matter more than the fee does. The first is that you have to maintain good standing with all County regulations or the permit gets revoked, with future applications for the property explicitly at risk. The second bites harder, because two violations related to the ordinance discontinue short-term rental operations at that property for up to a year, which is a suspension of the business rather than a fine you can absorb.

One more clause deserves a hard look before you buy. A change in ownership terminates the short-term rental permit. It doesn't ride along with the deed, so a listing you're buying for its rental history conveys the house and nothing else, and the new owner starts a fresh application. Dana Point has the identical rule, with narrow exceptions for inheritance and family transfers, so make sure any purchase model you're building treats the permit as worth zero at close.

Required Documents for Orange County Short-Term Rentals

Since the permit turns on meeting standards rather than persuading anyone, what you upload is then evidence rather than argument, and there's less of it than most owners expect. The county's short-term rental handout lists four items, and each one is doing a specific job:

  • A letter outlining the proposed short-term rental use and how you'll operate it. This is where parking, vehicle limits and your local contact arrangements belong.
  • A floor plan of the residence. Bedroom count drives the occupancy and vehicle caps, so the plan is what the reviewer counts from.
  • A copy of a blank lease agreement. Reviewers are checking that your template already carries the four disclosures section 7-9-93 requires, so build them in before you submit rather than patching afterwards.
  • Proof of ownership. Permits go to owners, and the ownership-change rule above is why the county cares who holds title on the day it issues.

Two more pieces sit outside that list and still have to exist before your first guest checks in. You'll need a Transient Occupancy Registration Certificate from the Treasurer-Tax Collector, posted conspicuously on the premises, and you'll need the guest-identification record for every stay: the primary adult occupant's name, address and licence or passport, plus their signed acknowledgement of responsibility. Don't forget the posted copy of the four disclosures inside the unit either, since that's the one an inspector can verify in ten seconds without asking you for anything.

Orange County Short-Term Rental Taxes

Assuming you get the permit and are able to start hosting, there's still tax to deal with, and in this county the collection mechanics are the part that surprises people. Three charges can attach to a stay in unincorporated Orange County, and the one that matters most is the one nobody collects for you.

ChargeRateCollected by
County transient occupancy tax10% of rentYou, remitted to the OC Treasurer-Tax Collector
California Tourism Assessment$1,950 per $1 million of accommodations revenueYou, self-assessed to the Office of Tourism
Income tax on the profitordinary ratesYou, via the Franchise Tax Board and the IRS
State occupancy taxnonenot levied in California

The county charge is set by section 1-4-121 of the Uniform Transient Occupancy Tax Ordinance at ten percent of the rent charged, payable by the guest and collected by you at the same time you collect the rent. The ordinance treats anyone staying 30 consecutive calendar days or less as a transient, so the tax line and the permit line are drawn at the same place, which at least keeps the bookkeeping simple.

Registration comes first and it's on a short clock. Section 1-4-129 gives you 30 days after commencing business to register the property and obtain a Transient Occupancy Registration Certificate, which has to stay posted somewhere conspicuous. Read the wording on the certificate itself before you take any comfort from holding one, because it says outright that it "does not constitute a permit" and doesn't authorise you to operate without every other approval the County requires. Returns then run quarterly under section 1-4-130, due on or before the last day of the month following each calendar quarter, and the Treasurer-Tax Collector's transient occupancy tax page confirms that vacation and short-term rentals of any kind sit inside the regime.

Now the part that catches new hosts. Airbnb's California collection list has no entry for Orange County, and only two jurisdictions inside the county appear on it at all, the cities of Anaheim and Seal Beach. So in the unincorporated area no platform is quietly handling this behind the scenes. Every dollar of that 10% is yours to collect, hold and remit, and the ordinance says as much by declaring the money held in trust for the County until you pay it over. Keep in mind that the late-payment schedule in section 1-4-131 stacks: 10% the day you're delinquent, another 10% thirty days later, 25% on top if the Tax Administrator finds fraud, and 1.5% per month in interest running the whole time. On top of that, records have to be kept three years, and the Tax Administrator can inspect them at any reasonable hour.

Two smaller layers sit above the county tax, and neither one gets collected for you either. The California Tourism Assessment runs at $1,950 per $1 million of accommodations revenue under the Office of Tourism's filing instructions, though stays of 31 or more continuous days by the same person aren't assessable. Do check that rate on the Office's own portal before you file, since the published instructions carry no recent revision date. Rental profit is then ordinary taxable income to the Franchise Tax Board and the IRS.

City rates differ enough to change a pro forma, so price them against the county's 10% rather than assuming. Anaheim runs at 15% with Airbnb collecting, Newport Beach at 10%, Huntington Beach at 10% plus a 6% tourism business improvement district charge, and Laguna Beach at 12% plus a 2% tourism marketing district assessment. If you're weighing what those rates leave you against what comparable units earn, the Orange County market page carries the current revenue and occupancy benchmarks.

California Wide Short-Term Rental Rules

Those local differences exist because Sacramento largely stays out of it, which is the single most useful thing to understand about California. There's no statewide short-term rental permit, no state registry and no state occupancy tax, so what the state does instead is authorise and constrain. Revenue and Taxation Code section 7280 is the authorising half, letting any city or county tax occupancy of 30 days or less with no ceiling on the rate, which is why Orange County's 10% and Anaheim's 15% both live under that one sentence.

The constraining half arrives in pieces, and four of them reach an Orange County host directly:

  • Fine caps. For short-term rental ordinance violations, Government Code section 25132(e) caps county fines at $1,500 for a first violation, $3,000 for a second within a year and $5,000 after that, with the higher tiers reserved for violations that threaten public health or safety and a hardship waiver required.
  • HOAs still win. Civil Code section 4741(c) lets a common interest development prohibit rentals of 30 days or less even though it can't ban longer ones. A county permit does nothing about your CC&Rs, so read them first.
  • ADUs are off the table twice over. Government Code section 66323(e) requires rentals of ADUs approved under that section to run longer than 30 days, and AB 1154 of 2025 extended the same floor to junior ADUs. Section 7-9-93 says the same thing locally, so both layers point one way.
  • Coastal Act oversight. Much of the county's short-term rental inventory sits in the coastal zone, and the Coastal Commission's 2016 guidance to planning directors treats short-term rental regulation as development requiring a Local Coastal Program amendment or a coastal development permit. That's why Laguna Beach's rules had to be certified by the Commission and why Dana Point's coastal-zone program runs under a separate coastal development permit rather than its municipal chapter.

One new statute is worth tracking rather than acting on. SB 346, the Short-Term Rental Facilitator Act of 2025, took effect on January 1, 2026 and lets a local agency adopt an ordinance that forces platforms to report each listing's physical address and display local licence numbers. It's opt-in, though, so it changes nothing until the jurisdiction adopts it, and I couldn't confirm that any Orange County city or the County itself has done so yet. Given the direction of travel here, I'd expect at least the coastal cities to take it up, since it hands them exactly the enforcement data they've been buying from vendors.

For the wider picture, including the statewide bills still moving and how other counties have used the same authority, our California statewide guide maps it out, and the San Francisco County guide shows what the strictest end of the registration model looks like in practice.

Does Orange County Strictly Enforce STR Rules?

Yes, and the county's penalty structure is heavier than the secondary write-ups suggest. Section 7-9-130.3 of the Zoning Code makes every zoning violation a misdemeanor punishable by a fine of not more than $2,500, up to six months in county jail, or both. Then comes the clause that does the damage, because every person found guilty is "deemed guilty of a separate offense for every day during any portion of which the violation is committed, continued, or permitted." That isn't a one-time fine. It compounds daily, which is exactly how a two-week lapse turns into a number worth arguing about.

The civil track runs alongside it and is often the faster one. Operating without a required permit counts as prima facie evidence of a public nuisance under the same section, which lets the County sue to abate it and collect a civil penalty of up to $2,500 per day, with another $2,500 for violating an abatement order. And if the County abates the nuisance itself, the cost goes on the owner and can be levied as a special assessment against the property. Watch out for that last step, since a special assessment survives your opinion of the case and rides on the tax bill.

Tax non-compliance then carries its own criminal exposure, because section 1-4-142 of the occupancy tax ordinance makes failing to register, failing to file a return, or filing a false one a misdemeanor punishable by up to $1,000 or six months in jail. And if you don't file at all, the Tax Administrator doesn't have to prove anything from your books first: section 1-4-132 lets the office estimate what you owe from whatever facts it can gather, assess it, and let that determination become final if you don't request a hearing within ten days. Ten days is not long.

Cities enforce at least as hard, and often with better tooling, so Irvine runs a round-the-clock code enforcement hotline and its administrative fines reach $1,500 a day. Huntington Beach fines $1,000 per day per violation and revokes a permit after three violations in twelve months. Laguna Beach went furthest of all in 2025, when its new Chapter 5.84 took effect on July 1 with enforcement from October 1, obliging hosting platforms to display the city licence number, collect and remit the tax, and take down unlicensed listings when the city says so. On top of that, a revoked licence there can't be reissued for three years. That's the same payment-layer approach that reshaped other tight markets, and it's a good deal harder to outrun than a complaint-driven inspector.

How to Start a Short-Term Rental Business in Orange County

Given how much of that turns on facts you can check for free, the order below is deliberate. The first three steps cost nothing and will tell you whether the rest is worth starting.

  1. Confirm the jurisdiction before anything else. Unincorporated county, or one of 34 cities. The permit counter at OC Development Services will confirm it from the parcel number.
  2. Read your CC&Rs and, if you rent, your lease. Civil Code section 4741(c) lets an HOA ban rentals of 30 days or less outright, and no county permit overrides that.
  3. Check the property type. An ADU or junior ADU can't be a short-term rental under either the county code or state law, so that plan ends here.
  4. Count your bedrooms against the caps. Two guests per bedroom plus two overnight, one car for a one-bedroom and two for anything larger, and two off-street spaces that genuinely exist.
  5. Build the four disclosures into your lease template, then use that template as the blank agreement you upload.
  6. Assemble the file and apply through myOCeServices: the operations letter, the floor plan, the blank lease and proof of ownership, with a $600 time-and-materials deposit at submission.
  7. Register for transient occupancy tax within 30 days of starting, post the certificate on the premises, and diarise the quarterly returns for the last day of January, April, July and October.
  8. Set up the guest-intake routine on day one. Identification and a signed acknowledgement from the primary adult occupant, every single stay, kept where you can produce it.
  9. Name a real 24-hour contact and put the number on the wall. Complaints reach the Sheriff long before they reach a planner, and a phone that gets answered is what keeps a noise call from becoming a violation.
  10. Diarise the two-year renewal, and remember that two ordinance violations can suspend operations for up to a year, so the small stuff is worth fixing the week it happens.

Who to Contact in Orange County about Short-Term Rental Regulations and Zoning?

Whichever step you get stuck on, two county offices handle almost all of it between them, and knowing which one owns your question will save you a transfer or three.

The permit, the zoning and the standards

OC Development Services, part of OC Public Works, administers the Zoning Code and issues the Short-term Rental Permit for unincorporated areas.

  • Address: County Service Center, 601 North Ross Street, Santa Ana, CA 92701
  • Mailing: P.O. Box 4048, Santa Ana, CA 92702-4048
  • Permit counter: (714) 667-8888, Monday to Friday, 8 a.m. to 4 p.m.
  • General office: (714) 667-8800, Monday to Friday, 8 a.m. to 5 p.m.
  • Apply online: the myOCeServices portal

The occupancy tax

The Orange County Treasurer-Tax Collector runs registration, certificates and quarterly returns for the 10% tax in unincorporated areas.

If your property is inside a city

  • Anaheim, Business License Division: (714) 765-5194, City Hall, 200 S. Anaheim Boulevard, 1st Floor, Suite 136, Anaheim, CA 92805. Counter Monday to Friday, 8 a.m. to 4 p.m.
  • Newport Beach, City Hall, 100 Civic Center Drive, Newport Beach, CA 92660, 949-644-3309. Short-term lodging complaints go to 949-718-3443.
  • Huntington Beach, Planning and Zoning: (714) 536-5271, [email protected].
  • Laguna Beach, Planning (949) 497-0713 and Code Enforcement (949) 497-0301, City Hall, 505 Forest Avenue, Laguna Beach, CA 92651. Counter Monday to Thursday, 7:30 a.m. to 1 p.m., closed alternate Fridays.
  • Irvine, Code Enforcement hotline: 949-724-6326, staffed around the clock.
  • Santa Ana, Code Enforcement: (714) 667-2780.

What Do Airbnb Hosts in Orange County on Reddit and Bigger Pockets Think about Local Regulations?

Those city hotlines say something about the mood here, so let me be straight about what follows. I couldn't read Reddit directly, since it blocks automated access and its developer terms don't permit the commercial use this would need, and every forum summary I found on Orange County traced back to older guides rather than to a thread anyone had opened. So this is my read of the public record rather than a survey, and I'd weigh it accordingly.

The clearest evidence of local sentiment isn't a forum post at all. It's a vote. In November 2024 Dana Point residents were handed an initiative to repeal and replace the city's existing short-term rental ordinance, Measure T, which would've cut the permit count roughly in half. It lost decisively, with 11,839 votes against and 6,664 in favour, close to 64 percent to 36. Read that carefully before you conclude the county is uniformly hostile. In the one place where voters got a direct say on whether to shrink a permitted program, they declined by a wide margin.

The counterweight is that councils have kept tightening anyway, and they've moved toward the platforms rather than the hosts. Santa Ana went from no permitting scheme to an outright prohibition inside a month in April 2024, while Laguna Beach spent 2025 building an ordinance that makes Airbnb and Vrbo display licence numbers, remit tax and delist on request. Newport Beach's cap, meanwhile, has held the waitlist shut. So what hosts in the county are navigating isn't uncertainty about the rules. It's a set of rules that differ sharply over a few hundred yards, which is why so much of the local advice reduces to checking the address first and arguing about the numbers second.

Rules this fragmented reward the same habit wherever they turn up, which is treating the address as the first variable in the model rather than the last. Two houses a mile apart can carry a legal business and a citable offence, and no nightly rate makes up that difference.

Frequently Asked Questions

Can you legally run an Airbnb in Orange County, California in 2026?

It depends on the jurisdiction, and there are 35 of them. In the unincorporated county, yes: Zoning Code section 7-9-93 permits short-term rentals in single-family, multifamily and some commercial districts with a permit from the Director, and there's no cap or lottery. Inside a city, the answer ranges from a flat ban in Irvine and Santa Ana to a full permit cap in Newport Beach and Dana Point. Accessory dwelling units are excluded everywhere.

How much does an Orange County short-term rental permit cost?

For the unincorporated county, the adopted fee schedule sets the Short Term Rental Permit at a $600 time-and-materials deposit for fiscal 2024-25 through 2026-27. Staff time is billed against that deposit rather than a flat fee being charged, so the final cost can vary. The permit must be renewed every two years, and it terminates automatically when the property changes hands.

What taxes apply to a short-term rental in unincorporated Orange County?

A 10% transient occupancy tax on the rent, under section 1-4-121 of the county ordinance. You register with the Treasurer-Tax Collector within 30 days of starting, post the certificate on the premises, and file quarterly returns by the last day of the month after each quarter ends. No booking platform collects it for you in the unincorporated area, since Orange County isn't on Airbnb's California collection list. The state levies no occupancy tax of its own.

What is the penalty for running an unpermitted short-term rental in Orange County?

Under Zoning Code section 7-9-130.3 it's a misdemeanor carrying up to $2,500, six months in county jail, or both, with every day counted as a separate offense. The County can also sue to abate it as a public nuisance and collect a civil penalty of up to $2,500 per day, plus abatement costs that can be levied against the property. Failing to register or file the occupancy tax is a separate misdemeanor worth up to $1,000.

Can you short-term rent an ADU in Orange County?

No. Section 7-9-93 states that accessory dwelling units shall not be used as short-term rentals in the unincorporated county, and California law reaches the same result independently, since Government Code section 66323(e) requires ADU rentals to run longer than 30 days and AB 1154 of 2025 applied that floor to junior ADUs too. Renting the unit for 31 nights or more stays available.

Last verified: July 2026. Every ordinance, tax rate, state law, and contact detail in this guide links to or comes from its official source.

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Disclaimer: This article is for informational purposes only and not legal advice. Regulations could have changed since this article was published. Check local zoning authorities and consult a legal professional before making any decisions.

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