Is Airbnb considered Business by IRS? What kind of Visas allows a foreign to be a host on USA?

[Katia184]

Hi,

I current have both F-1 and B-1/B-2 visas, and I'm studying english on Miami. With B-1/B-2, I'm not allowed to work, but I can start a Business. Also, of what I could understand, I can get Passive Income, but not Active Income (" Active income implies you materially participated in the production of your income. Passive income implies you didn’t materially participate in the production of your income.").

I tried to find these answers already, but I'm still not sure about them. The IRS Publication 925 is juast too hard to understand for me, and I don't want to start being a host if I'm going to have troubles later.

So, the questions: 

1 - Anyone here is a Host with B-1 or B-1/B-2 visa ? If so, It's necessary to open a business to be one?

2 - If B-1/B-2 visa really do not allows me to be a Host, anyone know if there's any other Visa that allow such a thing? 

Thanks for attention,

Katia.

[Tueykay0]

@Katia184

Who told you that you can start a business with a B1/B2 visa?

Please contact your immigration lawyer to ask these questions on how you can have income during your temporary stay.

You have multiple visas F1, B1 and B2.  None of these visas allow you to work in the United States. Income from hosting in the US is still income obtained while you are on US soil and you do not have a work permit that allows that. 

Good luck

[Ric22100]

@Tueykay0 

I disagree with your statement even though it was made three years ago, currently the legal guidelines are blurred in relation to being gainfully employed and if you don’t host while you are in the country, surely it cannot be deemed in breach of your b1b2 because you aren't working while in the country, hosting while in your own country i think should be acceptable practice as long you are declaring income in your home country and letting the tax treaty take care of the rest which is designed for non resident aliens to not be double taxed.

With the new rules being imposed by the IRS come Jan 2022 i think there is a risk of these blurred lines resulting in not only being double taxed but having your visa revoked and that would be some BS due to the fact that not even a paid immigration lawyer nor an international accounting specialist could give a black and white answer on standings to the dozens of unknown answers in a legal sense to this matter. All up in the air and a sitting duck i shall be.

[Tueykay0]

@Ric22100 

Any income incurred on US soil requires a United States social security number and that also means you have permission to work or obtain income regardless of source within the United States. None of those visas gives the holder qualifications to apply for a SS #. This is not about taxes its a about what is allowed as a non US citizen visiting the US under certain visa guidelines.