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Aliso Viejo, CA Hotels & Lodging: Transient Occupancy Tax (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Tax rate
10 percent of rent charged by the operator
Payer
Each transient, collected by the hotel operator
Delinquent after
Last working day of the month after each calendar month
Returns
Quarterly, by the fifteenth day after quarter end
Late penalty
10 percent plus one percent interest per month
Fraud penalty
100 percent of the tax and penalties

Summary

The City of Aliso Viejo, California, taxes occupancy in any hotel at 10 percent of the rent the operator charges. The tax is a debt the guest owes the city, extinguished only by payment to the operator or the city, and the operator collects it with the rent and remits it to the city manager acting as tax administrator under Chapter 3.06.

For the privilege of occupancy in any hotel, each transient is subject to, and shall pay, a tax in the amount of 10 percent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city.

Full Breakdown

Aliso Viejo Municipal Code § 3.06.020 sets the transient occupancy tax at 10 percent of the rent charged by the operator, owed by each transient for the privilege of occupancy. Under § 3.06.010 a transient is a person entitled to occupancy for 30 consecutive calendar days or less, and "hotel" covers inns, motels, tourist homes, lodging houses, rooming houses, apartment houses, dormitories, clubs and similar structures occupied by transients. Excluded are hospitals and care facilities, jails, housing owned by a school and used exclusively for its students and employees, housing used exclusively for religious, charitable or educational purposes by a tax-exempt organization, government employee housing, employer camps, and uses exempt under California Revenue and Taxation Code Section 7280(b). The operator carries the burden of proving an exclusion.

Exemptions from the tax itself are narrow. Section 3.06.030 bars the tax only on persons or occupancies beyond the city's power to tax and on officers or employees of a foreign government exempt under federal law or treaty, and no exemption is granted unless it is claimed when the rent is collected, under penalty of perjury, on the tax administrator's form. Operators must state the tax separately from the rent and cannot advertise that they will absorb it or leave it off the bill (§ 3.06.040).

Administration runs through the city manager as tax administrator. Each place of business needs a transient occupancy registration permit, which must be posted conspicuously (§ 3.06.050). The tax is due when the operator collects it and is delinquent if not received by the last working day of the month following each calendar month (§ 3.06.060). Quarterly returns are due by the fifteenth day after quarter end and report total rents charged, tax collected, the average number of rental units available and the number of unit nights rented (§ 3.06.070). An operator who sells or closes must notify the administrator 10 days ahead (§ 3.06.080). Net proceeds fund any lawful purpose of the city (§ 3.06.290).

Violations & Fines

A late payment draws a penalty of 10 percent of the amount owed plus interest at one percent per month or part of a month (§ 3.06.090), and a fraud finding adds 100 percent of the tax and penalties (§ 3.06.100). When an operator fails to report, the tax administrator estimates the tax and the operator has 10 days to ask for a hearing (§ 3.06.110). Section 3.06.300 makes knowing nonpayment, willful failure to register or file, and false returns a misdemeanor.

Frequently Asked Questions

What is the hotel occupancy tax rate in Aliso Viejo?
The rate is 10 percent of the rent charged by the operator, set by § 3.06.020. Rent means the full consideration charged for occupancy, whether received as money, goods, labor or services, with no deduction. Credit card service charges and travel agency commissions cannot be subtracted from the taxable amount under § 3.06.070.
When does a guest stop being a transient?
A guest is a transient for 30 consecutive calendar days or less, counting portions of days as full days (§ 3.06.010). An occupant who stays past 30 days must be checked out and reregistered, and § 3.06.045 forbids an operator from registering anyone as an occupant for longer than 30 consecutive calendar days.
How often do Aliso Viejo hotel operators file returns?
Returns are due on or before the fifteenth day of the month following each calendar quarter, or at the close of any shorter period the tax administrator sets, and carry a declaration under penalty of perjury (§ 3.06.070). The administrator can also require a cash deposit, a bond or a separate trust fund bank account to protect collection of the tax.
How does an operator challenge an assessment?
After an estimated assessment, the operator applies in writing for a hearing within 10 days of the notice (§ 3.06.110). The final assessment is payable after 15 days of receipt unless an appeal is taken under § 3.06.120, which requires a written notice filed with the city clerk within 10 days. The hearing officer's decision is the final city decision.

Sources & Official References

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