Boone County, IN Hotels & Lodging: Transient Occupancy Tax (2026)
Key Facts
- Tax rate
- 5% of gross lodging income
- Applies to
- Stays under 30 days
- Exempt
- Stays of 30 days or more
- Filing
- Monthly to County Treasurer
- Deadline
- 20 days after month ends
- Misuse penalty
- Class D felony
Summary
Boone County levies a 5% innkeeper's tax on every hotel, motel or inn renting rooms for stays under 30 days, on top of Indiana's state gross retail tax, under Boone County Code Section 34.45. The tax excludes stays of 30 days or more and apartment or residence rentals shorter than a full month-to-month term, and is due monthly to the County Treasurer.
(A) (1) A tax is hereby levied on every hotel, motel, or inn engaged in the business of renting or furnishing, for periods of less than 30 days, any room or rooms, lodgings or accommodations located in the county. (2) The tax does not apply to gross income received in a transaction in which: (a) A person rents a room, lodgings or accommodations for a period of 30 days or more; or (b) A person rents an apartment or residence on a tenancy of less than a month-to-month basis. (3) The tax shall be levied at the rate of 5% on the gross retail income derived from lodging income only and is in addition to the state gross retail tax imposed under I.C. 6-2.5.
Full Breakdown
Boone County Code Section 34.45, adopted by Ord. 93-13 in 1993, imposes an innkeeper's tax on every hotel, motel or inn in the county that rents rooms, lodgings or accommodations for stays of less than 30 days. The rate is 5% of the gross retail income derived from lodging income only, charged in addition to Indiana's state gross retail tax under I.C. 6-2.5. Two carve-outs keep the tax off longer stays: a room rented for 30 days or more, and an apartment or residence let on anything less than a month-to-month tenancy, both fall outside the tax's reach.
Businesses covered by the section had to begin collecting the tax on December 1, 1993, and every collector must report and remit the tax monthly to the Boone County Treasurer on county-approved forms, no later than 20 days after the end of the month the tax was collected. Indiana Code 6-2.5's provisions on rights, duties, liabilities, procedures, penalties, definitions and administration apply to the tax except where they conflict with Section 34.45 itself or the Treasurer's own requirements, so the state gross retail tax machinery backs up county enforcement.
Misusing the money is a serious matter: any entity, person, corporation or business combination that receives innkeeper's tax funds and knowingly uses them for a purpose the section does not permit commits a Class D felony under Indiana law, a criminal exposure rather than a mere civil penalty. The section sits under Chapter 34's tax provisions within Title III, Administration, operating as a straightforward county revenue measure on short-term lodging income.
Violations & Fines
Any innkeeper who fails to collect or remit the 5% tax faces the enforcement procedures Indiana Code 6-2.5 makes available, which the county incorporates by reference. More seriously, any person who receives Boone County innkeeper's tax money and knowingly spends it on a use the section does not authorize commits a Class D felony under Indiana law, a criminal charge rather than a civil fine.
Frequently Asked Questions
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Sources & Official References
Other rules in Boone County
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