Xi'an host registration
The Xi'an City Industrial and Commercial Bureau issued Letter for Encouraging Business Owners Rendering Homestay Services to Apply for Business License and requested that Airbnb hosts in Xi'an register their businesses before November 30, 2018. We have prepared the following questions and answers for your reference.
Please note: The following questions and answers do not mean that Airbnb is providing you with any legal advice. You are advised to consult relevant business or professional departments based your actual situation.
Q: Do all Xi'an-based hosts need to register?
A: According to the Bureau of Industry and Commerce, Chinese hosts in Xi'an who are currently working on the Airbnb platform are required to register.
Q: I am a foreign host. Do I also need to register?
A: Currently, this registration does not involve foreign hosts.
Q: Do I need to register if I have listings in other cities?
A: We have not received any relevant notices from the Bureau of Industry and Commerce located in other cities. Please check for news or announcements posted by our company.
Q: I already have a business license. Do I need to re-register?
A: We suggest you seek the opinion of a legal professional. In general, if you have a business license that covers your home listing or accommodation service and a business address for the listing you host, you do not need to re-register.
Q: I have multiple homes. How should I register?
A: According to the advice of the Bureau of Industry and Commerce, if you have multiple homes, you can register as a limited liability company that covers hotel services, with multiple listings acting as branches; if you wish to register as an individually owned private business, each home needs to be registered separately.
Q: My home can be found on multiple short-term rental platforms. How do I register？
A: According to the requirements of the Bureau of Industry and Commerce, you only need to apply for one registration, and you can submit it to each platform after obtaining the business license.
Q: Is there a fee for registration?
A: The Bureau of Industry and Commerce does not charge any administrative fees for registration.
Q: What is the difference between WeChat/Alipay/Xi'an Red Shield Network registration processing, live registration processing, and third-party registration processing?
A: According to the introduction given by the Bureau of Industry and Commerce, if you choose to register via WeChat/Alipay/Xi'an Red Shield, please make sure to select the "Shuangsheng Branch" as the registration branch and “Homestay Services” for business activities during the registration process. It takes about 3 days to complete the registration. The Real Estate Department of the Bureau of Industry and Commerce in Xi'an launched a one-stop green service channel for hosting home owners to apply for the business licenses of individual, industrial and commercial properties; selecting a third party will save you the time of applying in person, and you also can get prompt advice on registration from the third party regarding annual reports and tax filing.
Q: How do I choose to register as an individual business or company?
A: According to the Bureau of Industry and Commerce, if you register your home as an individual business, you only need to provide an ID card and an address for the listing, and you do not need to obtain a Letter of Commitment for the property or neighbors' consent. If you want to register as a company, then in addition to other registration documents required by law (see Xi'an Red Shield Network for details) you will need to sign Letter of Commitment for the property and the consent of your neighbors.
Q: How do I choose to register as an individual business or company?
A: We suggest you seek the opinion of a legal professional. Based on our understanding, considerations are as follows: The Bureau of Industry and Commerce responsible for live registration is different (the companies are registered at the Registration Hall of the Xi'an Shuangsheng Branch Office, Address: No. 6, Gaoxin 1st Road, Gaoxin Business Circle, Yanta District, Xi'an, Tel: 029-88375101); the procedures and documents required for registration as an individual business are simple (only an ID card and address are required), but registration of multiple homes requires consultation with the Bureau of Industry and Commerce; the procedure and documentation requirements for registration as a company are relatively complex, but you can use multiple homes as branches of the same company, while in general, you will be legally liable to the company only for the amount of investment.
Q: Do I need to pay taxes on income earned via homestay when the registration is complete?
A: We suggest you seek the advice of a professional tax adviser. We remind you to apply to the tax department for tax registration within 30 days of completing the registration of the market entity; be aware of the national tax relief policy, and don't forget to file tax returns on time.
Q: Does completed registration mean that it is now legal to rent out my home for homestay?
A: We suggest you seek the opinion of a legal professional. We believe that completed registration means that you have successfully registered as a market entity providing homestay services. If the law requires safety management, fire protection, or the like, then for the provision of homestay services, you will also need to meet these requirements. Also, please note that after registration is complete, you will need to submit an annual report on the business website each year.
Q: Do I have to upload my business license to the Airbnb platform after registration?
A: If necessary, we will notify you of the method for uploading a business license separately; please pay attention to the in-app message thread.
[Updated on November 29, 2018]
Q: I wasn't able to register before November 30th. Will registering on November 30 or later cause my home to go offline?
A: We suggest you seek the advice of the Bureau of Industry and Commerce. We will also keep close contact with the Bureau of Industry and Commerce; if the Bureau requests a home that has not been licensed in a timely manner, we will notify you as soon as possible and will provide possible remedies.
Q: Why is there a change in the location of the live registration?
A: In order to facilitate the timely registration processing for the host, The Shuangsheng Branch of the Xi'an Bureau of Industry and Commerce has added an individual homestay license registration point.
Q: I have multiple home listings. Do I need to upload a business license for each home?
A: You should upload a business license for each home.
Q: I have a business license covering multiple homes. Can I upload it only once?
A: If your business license covers multiple homes, you can upload the same business license for multiple homes. At present, each listing must be uploaded separately; we will gradually optimize the product features as the laws and policies become clear.
Q: Can I upload my business license via any device supporting Airbnb?
A: At the moment, you can upload business license information via the webpage or mobile.
Q: How do I upload？
A: Go to the listed home management page and find the "Registration" column, then you can upload your business license.
Q: What should I do if the business license failed to upload or if I uploaded a wrong file?
A: If the upload failed or the wrong file is uploaded, you can try again.
Q: How do I know if the upload is successful?
A: After the upload is complete, you will see the prompt indicating a successful upload and the business license information you uploaded on the "Registration" page. If the upload fails, you will receive an error message.
Q: Is the business license info accepted after uploading? Or does it still need assessment by Airbnb?
A: We may verify your info according to the relevant laws and provide you with a feedback on the assessment results.
Q: I am not local. Can I register and upload the info as a local? Will it show if the assessment fails?
A: We suggest you consult a professional or the Bureau of Industry and Commerce. As long as your business license covers the home you rent out, you can upload it for review.
Q: Can the information I upload be disclosed?
A: We will protect your information and may disclose it only as permitted by law or as required by government authority. Nevertheless, please note that e-commerce operators should keep public business license information on their homepage.
Q: If I decide to stop renting out my home in the future, what procedures do I need to follow to do so?
A: We suggest you consult a professional or the Bureau of Industry and Commerce.