Buyer Guides · Los Cabos
Renting Your Los Cabos Property on Airbnb: Rules, Taxes and Permits
Short-term rental is legal in Los Cabos and the tax mechanics are more settled than most buyers expect. The thing that actually stops owners is not the government — it is the condominium rulebook they did not read before closing.
By Marvin Landa, RE/MAX Cabo Sanctuary · Reviewed August 14, 2026
Read the condominium rules before you buy
This section is first because it is the one that decides whether the rest of the page matters to you.
Many Los Cabos condominium regimes restrict or prohibit short-term rental. The rules live in the reglamento and the condominium regime, and they are enforceable by the owners’ assembly regardless of what federal or state law permits. Common restrictions include minimum stay periods, a cap on the number of rental units, mandatory participation in a building rental programme, registration of guests with security, and outright prohibition.
If rental income is part of your purchase arithmetic, make the reglamento a written condition of your offer and read it before the contingency period closes. Retrofitting this after closing is not possible — you would be asking an assembly to amend the regime.
The same documents matter for your carrying costs; see HOA fees and what to verify.
Is it legal? Yes — there is no national licence
Mexico has no single national permit or licence for short-term rental owners. What exists instead is a stack of tax registrations at federal, state and municipal level, which is why the question “do I need a permit?” gets contradictory answers online.
What you actually need:
- An RFC, the Mexican tax ID, registered for rental income. This is the foundation — nothing else works without it, and a foreign owner can obtain one.
- Registration with the Secretaría de Finanzas y Administración of Baja California Sur for lodging tax purposes.
- Any municipal requirement applicable in Los Cabos, which should be confirmed locally as these change.
The taxes, and what the platform handles for you
| Tax | Rate | Who it falls on |
|---|---|---|
| ISH — state lodging tax, BCS | 3% of the lodging price | Charged to the guest |
| IVA — value added tax | 16% | On the rental, per your tax status |
| ISR — income tax on rental income | Per your regime | You |
The ISH rate of 3% is set in the Ley de Hacienda del Estado de Baja California Sur and applies to the lodging price before other taxes and fees.
Airbnb, Vrbo and comparable platforms are integrated into Mexico’s tax collection system and act as withholding agents: they collect ISH from guest payments and remit it to the state, and they withhold ISR and IVA from host payouts. That materially reduces the compliance burden — but withholding is not the same as filing. Depending on your registration and whether you rent off-platform, you may still have declarations to make. Retain a Mexican accountant; this is inexpensive and the alternative is not.
The visitor tax your guests will ask about
Separate from anything you owe: Baja California Sur charges a tourism levy on international visitors staying more than 24 hours, which rose to MXN 488 for 2026 from MXN 470.
It is paid by the traveller, not by you, and it is not collected through your rental. Guests do ask hosts about it, and it is separate from any charge collected at the airport, so a line in your listing and your check-in message saves a stream of messages.
What actually determines the return
- The HOA rules, first and last.
- Management cost. Full-service local management in Los Cabos is a meaningful percentage of gross, and remote self-management of a property in a different country rarely survives its first plumbing failure.
- Seasonality. Los Cabos demand is sharply seasonal, and an annual projection built on peak-week rates is not a projection.
- HOA dues and predial as fixed costs against the income. See closing costs and annual property tax.
- Building rental programmes, where a resort-branded development requires or offers participation on set terms.
- Your exit tax position. Rental use affects the deductions available when you sell — see capital gains tax.
If you are buying specifically to rent, the shortlist looks different from a shortlist for personal use. Start with Cabo San Lucas, the Corridor and San José del Cabo, and tell me the strategy before the shortlist, not after.
General information, current as of August 2026. Tax rates, platform withholding rules and municipal requirements change. Confirm current obligations with a Mexican accountant and with the Secretaría de Finanzas y Administración of Baja California Sur.
Frequently asked questions
Can I rent my Los Cabos property on Airbnb?
Yes, short-term rental is legal in Mexico and there is no national permit or licence. You need a Mexican tax ID (RFC) registered for rental income and registration with the Baja California Sur state finance secretariat for lodging tax. The more common obstacle is the condominium reglamento, since many Los Cabos regimes restrict or prohibit short-term rental.
What is the lodging tax in Baja California Sur?
The ISH lodging tax is 3% of the lodging price before other taxes and fees, established in the Ley de Hacienda del Estado de Baja California Sur. It is charged to the guest, and major platforms such as Airbnb collect and remit it automatically as withholding agents.
Does Airbnb pay my Mexican taxes for me?
Airbnb and comparable platforms act as withholding agents, collecting the 3% lodging tax from guests and withholding ISR and IVA from host payouts. Withholding is not the same as filing, and depending on your tax registration and whether you also rent off-platform you may still have declarations to make.
Do I need an RFC to rent my property in Mexico?
Yes. An RFC registered for rental income is the foundation of compliant short-term rental, and a foreign property owner can obtain one. Without it neither state lodging tax registration nor correct platform withholding can be set up properly.
Sources
- Ley de Hacienda del Estado de Baja California Sur — ISH
- Secretaría de Finanzas y Administración, Baja California Sur
Figures reviewed August 14, 2026. Mexican tax rates, bank fees and municipal requirements change. This page is general information, not legal or tax advice.