Property ownership and immigration law

Sofía4
Level 2
Austin, TX

Property ownership and immigration law

Hello,

I'm looking for assistance about immigration laws regarding short-term rentals. I rent out my mother's vacation home in Ruidoso, New Mexico. She lives in Mexico and is a non-US person. I am a US citizen, live in the US and pay US taxes in accordance to the law.
The property is under my mother's name, but the Airbnb is registered under my name. The revenue is deposited to an account under my name, which my mother also has access to. However, of that revenue, only 10% goes towards my commissions and the rest is only used for airbnb expenses and saved for property improvements.

We recently received a letter from the local government of Ruidoso requiring us to register with the city. The letter was addressed to my mother and now she is worried about losing her visitor's visa since we're unsure about the laws regarding non-US persons hosting on Airbnb. We've been told at the border-crossing before that she is not allowed to rent out her property, but 1. That doesn't sound accurate 2. It's being rented under my name and she is not keeping any of the revenue for herself.

Should we be worried about her immigration status? Should I change the tax-payer information to be under her name? Should I contact an immigration lawyer for further counsel?

2 Replies 2
Sarah977
Level 10
Sayulita, Mexico

@Sofía4  Yes, you should consult an immigration lawyer. You need to know the exact legalities involved, not some opinions or advice on a public forum. Your mom might need to sign the property over to you or something, but only a lawyer can tell you for sure how the law works.

Yadira22
Level 10
London, United Kingdom

@Sofía4 You are best talking to an accountant who can better advice on the financial side and a lawyer for legal elements. I think this is a very specific issue but I do wish you all the luck! Have a beautiful day:)