State Airbnb laws2026 27 sources cited

New Mexico Short-Term Rental Laws & Hotel Tax (2026)

Source: AirROI Reviewed by , Founder @ AirROI Rules checked

From 26 official sources and 1 Airbnb help page. Not legal advice.

The short answer

New Mexico Airbnb Laws in Brief

At a glance

New Mexico Short-Term Rental Laws at a Glance

State license required
Yes
Latest rule change
Jul 1, 2026

The laws in brief

The rules a New Mexico host meets first, each linked to the ordinance, statute or official page it comes from. Details and exceptions follow below.

New Mexico Short-Term Rental Laws at a Glance
TopicRule
PermitPermits come from the local government13,15,17,19,21,23
WhereSanta Fe: citywide cap, 50-foot spacing and a 25% limit15
Minimum stayUnder 30 days is a short-term rental1,13,17,21
GuestsAlbuquerque: two adults per bedroom, gatherings capped at 2013,14
Listing displayTown of Taos: permit number in every ad4
PlatformsAirbnb pays the gross receipts tax; hosts still report6,27
SafetyRuidoso: weather radio, extinguishers and no fire pits17,18
InsuranceLas Cruces: $500,000 liability insurance21

Your home

Can You Host an Airbnb in New Mexico? It Depends on the Home

Whether you can host in New Mexico turns on whose home it is and whether you live there.

Your own home, rented whole while you're away

Allowed with conditions

A second home or investment property

Allowed with conditions

A home in the Town of Taos historic district or central business district

Not allowed

A home in unincorporated Taos County

Allowed with conditions

Permit

Do You Need a License for Airbnb in New Mexico?

Yes. New Mexico hosts need the Local short-term rental permit or business registration from city, village or county where the home stands (for example the Albuquerque Planning Department, the Santa Fe Short-Term Rental Office or the Village of Ruidoso). It costs $120.4,13,14,15,17,18,19,21,22,23

Who needs it
Issued by
Valid for
Processing
On listings
Platform checks

Fees

Fees
FeeAmount
Albuquerque permit, first yearPer unit, for the first year.$120
Albuquerque permit renewalPer unit, second and following years.$90
Ruidoso permitCovers the permit, inspection and notifications; a $50 reinspection fee and a $300 late renewal fee apply.$300
Las Cruces business registrationCity registration fee, in force since January 1, 2026.$35
Las Cruces Visit Las Cruces registrationPer unit, plus a $35 annual renewal fee per unit.$50
Angel Fire permit per full bathroomA half-bath costs $40, so a home with 2 1/2 baths pays $190 a year.$75

Who qualifies

  • Albuquerque: a business license, which needs a New Mexico tax ID, and a permit for each unit
  • Santa Fe: new residential permits are subject to a citywide cap, 50-foot spacing and a 25% limit in multi-unit buildings
  • Town of Taos: permits capped at 120, and new permits prohibited in the historic district and central business district
  • Angel Fire: a New Mexico tax ID is required before the permit is issued

How to apply

  1. Register with the Taxation and Revenue Department for a New Mexico tax ID (CRS number).
  2. Get a business license or registration from the city or village where the home stands.
  3. Apply for the local short-term rental permit and pass the required fire or safety inspection.
  4. Register for the local lodgers' tax and report each month even if Airbnb remits it.

Permit rules

Permits come from the local government
A New Mexico tax ID comes first
Airbnb pays the gross receipts tax; hosts still report
Albuquerque: $120 permit, $90 to renew
Santa Fe: business registration plus a permit
Ruidoso: $300 annual permit with inspection
Angel Fire: permit fee set by bathrooms
Las Cruces: city registration and Visit Las Cruces listing
Town of Taos: permit number in every ad

Who can host

What New Mexico Cities and Counties Can and Can't Regulate

Santa Fe: citywide cap, 50-foot spacing and a 25% limit
Town of Taos: permits capped at 120
Town of Taos: banned in the historic district
Unincorporated Taos County has its own ordinance

Local rules

Local Rules in New Mexico's 6 Largest Airbnb Markets

A state license doesn't replace local rules. Cities and counties still set registration, occupancy, parking and safety requirements. These are New Mexico's largest markets by active Airbnb listings, with the share of each market's listings that display a registration or license number.

  1. 1. Albuquerque

    Bernalillo County

  2. 2. Santa Fe

    Santa Fe County

  3. 3. Ruidoso

    Lincoln County

  4. 4. Angel Fire

    Colfax County

  5. 5. Las Cruces

    Dona Ana County

  6. 6. Taos

    Taos County

Taxes

New Mexico Short-Term Rental Taxes

No single rate: gross receipts tax of 5.125% to 8.6875% plus local lodgers' tax of up to 5%, with a 1% hospitality fee in Albuquerque and a 2% convention center fee in Santa Fe.

New Mexico Short-Term Rental Taxes
TaxRateCollected by
New Mexico gross receipts tax (state and local) 5.125% to 8.6875% of the listing price, including cleaning and guest fees, depending on location—5,6,27Airbnb
Local lodgers' (occupancy) tax Up to 5% of the rent, set by each municipality or county; 5% in Albuquerque, Santa Fe, Ruidoso, Taos, Angel Fire and Las Cruces5%2,20,21,27Airbnb
Albuquerque hospitality fee 1% of the listing price, including cleaning fees, for stays of 29 nights or fewer1%27Airbnb
Santa Fe convention center fee 2% on top of the 5% lodgers' tax, for a combined 7%2%16,27Airbnb
Angel Fire sports and recreation fee 2.4% of gross rent, on top of the 5% lodgers' tax2.4%19,20Host

What the host still handles

Operating rules

Operating Rules for New Mexico Short-Term Rentals

Under 30 days is a short-term rental
Gross receipts tax applies to short-term rentals
Local lodgers' tax is capped at 5%
Monthly lodgers' tax reports are due by the 25th
Albuquerque: two adults per bedroom, gatherings capped at 20
Ruidoso: weather radio, extinguishers and no fire pits
Ruidoso: two adults per sleeping unit
Las Cruces: two people per bed plus two
Las Cruces: $500,000 liability insurance
Assessors may classify rentals as nonresidential

Fines

How to Avoid Airbnb Fines in New Mexico

Fines in New Mexico fall on hosting without the approvals described above, or outside the rules. With them in hand and the rules followed, none of the fines below apply.

Changes

What's Changed in New Mexico's Airbnb Rules

No change was scheduled when the rules were checked on October 17, 2026; the most recent are listed first.

  1. July 1, 2026
    Las Cruces enforcement begins
  2. June 2026
    Ruidoso adopts Ordinance 2026-10
  3. February 2026 Lapsed
    Centralized lodgers' tax study postponed
  4. February 2026 Lapsed
    Property tax classification bill postponed
  5. January 1, 2026
    Las Cruces registration requirements take effect
  6. December 2025
    HM 52 work group report delivered
  7. March 22, 2025
    Legislature asks for a short-term rental study
  8. December 16, 2024
    Angel Fire adopts permit rates
  9. September 24, 2024
    State tax rule defines short-term rentals
  10. August 20, 2024
    Taos County adopts Ordinance 2024-4
  11. August 21, 2023 Not in force
    Albuquerque 1,200-permit cap bill fails
  12. April 23, 2021
    Albuquerque short-term rental permit takes effect

Listing data

What New Mexico's Listings Show

What officials report

18,742
$555.4 million

Earnings

What Could a Short-Term Rental in New Mexico Earn?

The rules shape the numbers: a permit that costs $90 a year and a maximum of 20 guests. For a specific address, the Airbnb profit calculator estimates revenue, occupancy and nightly rate from comparable listings, so you can test the numbers before applying.

Estimate what a home could earn

FAQ

New Mexico Short-Term Rental Laws: Frequently Asked Questions

Is Airbnb legal in New Mexico?

Yes. Short-term rentals are a taxed business in New Mexico, and cities, villages and counties issue the permits; Albuquerque, Santa Fe, Ruidoso, Angel Fire, Las Cruces and Taos all require one.1,13,15,17,19,21,23

Do I need a permit for Airbnb in New Mexico?

Usually yes, from the city, village or county where the home is: Albuquerque requires a permit for each unit, Santa Fe a business registration and permit, and Las Cruces a business registration plus a Visit Las Cruces registration. You also need a New Mexico tax ID.13,14,15,21

How much is a short-term rental permit in New Mexico?

It varies: Albuquerque charges $120 the first year and $90 to renew, Ruidoso $300 a year, Las Cruces $35 a year plus $50 once for the Visit Las Cruces registration, and Angel Fire $75 per full bathroom.13,18,19,22

Can I rent a home I don't live in?

It depends on the town. Santa Fe limits new residential permits with a citywide cap and 50-foot spacing, the Town of Taos stops at 120 permits, and unincorporated Taos County has separate checklists for owner-occupied and non-owner-occupied rentals.15,23,24

Does Airbnb collect hotel or lodgers' tax in New Mexico?

Airbnb collects gross receipts tax statewide and lodgers' tax in Albuquerque, Ruidoso, Santa Fe, Taos and several other places on its list. Hosts elsewhere, such as Angel Fire and Las Cruces, collect and remit lodgers' tax themselves.20,21,27

What is the hotel or lodging tax in New Mexico?

Gross receipts tax runs 5.125% to 8.6875% depending on location, and local lodgers' tax adds up to 5%. Albuquerque adds a 1% hospitality fee and Santa Fe a 2% convention center fee.2,16,27

Do I still file gross receipts tax if Airbnb pays it?

Yes. Hosts report the booking receipts on their own gross receipts tax return and claim the marketplace deduction, so they owe no second tax but must file.6

Do I report lodgers' tax if Airbnb remits it?

In Albuquerque, yes: operators must still report every month by the 25th even when Airbnb or Vrbo remits the tax. Santa Fe and Angel Fire also require monthly reports by the 25th.14,16,20

What is the fine for operating without a permit?

It is set locally. Las Cruces fines $50 to $300 for a first offense and $300 to $500 after that, the Town of Taos treats it as a petty misdemeanor, and state law requires local lodgers' tax ordinances to carry a fine of up to $500.4,12,21

Is there a limit on how many nights I can host?

No yearly night cap appears in the permit rules of these markets; the limits are on permits instead, such as 120 in the Town of Taos and Santa Fe's citywide cap.15,23

Can a New Mexico town ban short-term rentals?

Towns can restrict them by zone: the Town of Taos prohibits new short-term rentals in its historic district and central business district. The state memorial on short-term rentals asked only for a study, not for limits on local rules.7,23

Will listing my home change its property tax?

It can. The Taxation and Revenue Department says assessors may classify rentals not used primarily for permanent habitation as nonresidential, and a 2026 bill to prevent that was postponed indefinitely.9,11

Method

How These Rules Were Checked

Each rule on this page was checked in October 2026 against the official source cited beside it: the ordinance or statute, the permit office's own pages and the tax authority. Airbnb's help pages are cited on their own only for what Airbnb itself does, such as the taxes it collects and the permit checks it runs, and otherwise only beside an official source; news reports only for when a change was announced. Rules that could not be confirmed on an official page are left out.

Rules change with council votes, court rulings and new state laws, so the page is rechecked every three months and whenever a scheduled change takes effect. It summarizes the rules for information and is not legal advice; the state agency and your city or county has the final word on any application.

Sources

Sources

Each rule above links to the source it comes from. Official ordinances, statutes and government pages come first, then Airbnb's own help pages.

  1. 1. 3.2.116 NMAC: Sales of real property, section 10 (persons having rental units) · New Mexico State Records Center and Archives
  2. 2. NMSA 1978, Section 3-38-15: Lodgers' Tax Act, authorization of tax · New Mexico Statutes Annotated (text via FindLaw)
  3. 3. File O-23-69: Amending the Short-Term Rental Ordinance · City of Albuquerque City Council
  4. 4. Ordinance No. 22-12: Town of Taos Short-Term Rental Ordinance · Town of Taos
  5. 5. Gross Receipts Tax Overview · New Mexico Taxation and Revenue Department
  6. 6. Bulletin B-200.37: Gross receipts tax and marketplace providers of lodging (rev. 06/2024) · New Mexico Taxation and Revenue Department
  7. 7. House Memorial 52 (2025), committee substitute: short-term rental work group · New Mexico Legislature
  8. 8. House Memorial 52 (2025): bill status · New Mexico Legislature
  9. 9. 2025 HM 52 Report, Economic and Rural Development and Policy Committee · New Mexico Legislature
  10. 10. Fiscal Impact Report, Senate Bill 149 (2026): Property Tax Code Definitions · New Mexico Legislative Finance Committee
  11. 11. Senate Bill 149 (2026): bill status · New Mexico Legislature
  12. 12. Lodger's Tax Presentation · New Mexico Department of Finance and Administration, Local Government Division
  13. 13. Short Term Rentals (STR) · City of Albuquerque
  14. 14. Short Term Rental FAQ · City of Albuquerque
  15. 15. Short-Term Rentals · City of Santa Fe
  16. 16. Frequently Asked Questions: Lodger's Tax (updated 02.2026) · City of Santa Fe
  17. 17. Ruidoso Short-Term Rental Ordinance · Village of Ruidoso
  18. 18. New Rules for Short-Term Rentals in Ruidoso: What You Need to Know · Village of Ruidoso
  19. 19. 2025 Short-Term Rental Permit Application · Village of Angel Fire
  20. 20. Lodger's Tax · Village of Angel Fire
  21. 21. Short-Term Rental Property Registration & Lodgers Tax Guidelines · City of Las Cruces
  22. 22. City of Las Cruces Announces Short-Term Rental Registration Requirements Beginning in 2026 · City of Las Cruces
  23. 23. Short Term Rentals · Town of Taos
  24. 24. Taos County Short-Term Rental Ordinance · Taos County
  25. 25. Short Term Rentals · Village of Angel Fire
  26. 26. House Memorial 62 (2026): bill status · New Mexico Legislature
  27. 27. Occupancy tax collection and remittance by Airbnb in New Mexico · Airbnb Help Center