The 2026 Budget Law (L. 199/2025) introduces a substantial change to the short-term rental tax regime: from January 1, 2026, the maximum threshold of apartments that can benefit from the facilitated regime decreases from 4 to 2 apartments per calendar year. Beyond this threshold, the presumption of business activity automatically triggers with consequent obligation to open a VAT number.
The new threshold: maximum 2 apartments
The amendment, contained in art. 1, paragraph 17 of L. 199/2025, establishes that starting from tax year 2026, the short-term rental regime applies exclusively when allocating no more than two apartments per calendar year to short-term rental by the same person. From the third apartment onwards, the activity is presumed to be carried out in business form pursuant to art. 2082 of the Civil Code.
Consequences of exceeding the threshold
Those who during 2026 allocate more than two apartments to short-term rental automatically lose access to the facilitated tax regime, including the flat tax option. The activity is drawn into the business regime with all related obligations: opening a VAT number, bookkeeping, VAT application where provided, and tax payment according to ordinary rules. Even short-term rental of three apartments for just one weekend each triggers the presumption of business activity.
How to count apartments
For calculation purposes, it’s important to consider that renting different rooms in the same apartment to multiple persons, even with separate contracts, counts as one apartment. The presumption applies per taxpayer and not per property, therefore properties rented with ordinary contracts or lent to third parties who then use them for short-term rental are not included in the count. However, apartments rented through intermediaries or digital platforms such as Airbnb, Booking and similar must be counted.
Flat tax rates unchanged
Flat tax rates for short-term rentals remain unchanged: those renting one apartment can continue to apply the 21% rate, while those renting two apartments will apply 21% on the first and 26% on the second. Those renting three or more apartments exit the short-term rental regime.
Effective date and absence of transitional regime
The amendment takes effect from January 1, 2026 and applies immediately to the 2026 tax period. No transitional regimes are provided, therefore those exceeding the two-apartment threshold in 2026 must immediately comply with business regime rules.
Studio RCG is available for further clarification and to evaluate the most appropriate strategies regarding short-term rental management in light of the new provisions.