Rental Rules by City / New Mexico / Santa Fe
Santa Fe short-term rental rules & tax calculator
📋 The Basics
- Can I rent my place short-term here?
- Only in some areas
- Do I need a permit?
- Yes. In residential zones you need a City permit, capped at 1,000.
- What taxes do I pay?
- Total about 7%. Check your Airbnb payout report to see which ones Airbnb collects; you pay the rest yourself.
Your 3 steps to be legal
- Check zoning and the waitlist.
- Apply for the permit (one per person).
- File lodgers tax monthly by the 25th.
⚠️ Biggest risk: Buying a home expecting a permit when the cap is full.
Words confusing? See the glossary. Details and official sources are below.
Tax calculator
Rates used: City lodgers' tax 5% + Convention center fee 2% = 7%. Mandatory cleaning fees are included in the taxable total. 7% lodgers' tax per the City. New Mexico gross receipts tax also applies: verify the current Santa Fe rate.
What Airbnb collects: Per the City, Airbnb/VRBO pay in a lump sum, so you must still file a monthly report showing what the platform paid.
Advanced details (laws, fees, sources)
Rules
| Permit | Residentially zoned STRs need a City STR permit (which includes the business license). Non-residential zoning: registration + business license. |
|---|---|
| Cap | Max 1,000 residential permits citywide, waitlist after that. One permit per natural person. |
| Transfer | Permits don't transfer to new owners. |
| Listings | Show your permit or registration number in every ad. |
| Reporting | File lodgers' tax monthly by the 25th, even for Airbnb bookings and empty months. Late penalty: the greater of 10% or $100. |
Items marked "Verify with the city" could not be confirmed from an official source; call the office listed before relying on them.
Sources
Free tools
Free "Is my rental legal?" checklist · Free tourist tax calculator
Rules can change
Santa Fe's rules, its tax rates and platform policies can change through a council vote, a new state law or a court ruling, often with little notice to hosts. We re-check this page monthly; subscribers get notified. Stay Compliant for $4.99/mo.
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Stay Compliant: $4.99/month
Rules, tax rates and Airbnb/Vrbo policies can change without warning, and hosts who miss a change can be fined. Get alerts when your city, county or state changes, deadline reminders, a pending-bill watch list and a monthly host brief (even in quiet months: "we checked on [date]; no changes"). Compare plans.
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Not legal or tax advice. Last verified Oct 24, 2026. Rules and rates change: confirm with the official sources linked before you rent or file.