Collierville, TN Hotels & Lodging: Transient Occupancy Tax (2026)
Key Facts
- Tax rate
- 5% of the rate charged by the operator
- Transient defined
- Occupancy for less than 30 continuous days
- Remittance due
- Twentieth day of each month for the preceding month
- Operator allowance
- 2% of tax due, if payment is not delinquent
- Late charges
- 12% per annum interest plus 1% per month or fraction
- Civil penalty
- Not in excess of $500 per willful violation
- Record retention
- Three years
Summary
The Town of Collierville levies a 5% privilege tax on hotel occupancy by each transient, calculated on the rate the operator charges. A transient is anyone occupying for less than 30 continuous days. Operators add the tax to each invoice and remit it to the Finance Director by the twentieth day of each month.
§ 37.156 LEVY OF OCCUPANCY TAX. ... The Town levies a privilege tax upon the privilege of occupancy in any hotel of each transient in any amount of 5% of the rate charged by the operator. The tax is a privilege tax upon the transient occupying such room and is to be collected as provided in this subchapter. ... such tax to be remitted to such officer not later than the twentieth day of each month for the preceding month. ... § 37.161 FAILURE OF OPERATOR TO COLLECT TAX. Taxes collected by an operator which are not remitted to the Finance Director on or before the due dates are delinquent. An operator shall be liable for interest on such delinquent taxes from the due date at the rate of 12% per annum and is liable for an additional penalty of 1% for each month or fraction thereof such taxes are delinquent. ... Each occurrence of willful failure or refusal of an operator to collect or remit the tax or willful refusal of a transient to pay the tax imposed is unlawful and shall be punishable by a civil penalty not in excess of $500.
Full Breakdown
Section 37.156 of the Collierville Code of Ordinances puts the tax on the transient, not the hotel: the Town levies a privilege tax of 5% of the rate charged by the operator for each occupancy. Section 37.155 defines a hotel broadly as any structure or space occupied or intended for occupancy by transients, including any inn, tourist camp, tourist court, tourist cabin, motel or any place where rooms, lodgings or accommodations are furnished to transients for a consideration. Consideration counts money, goods, labor and services of any kind with no deduction, but a complimentary room for which nothing is charged or received carries no tax.
The operator is the collection agent. Under § 37.157 the tax is added to each invoice and collected from the transient. A guest who has maintained occupancy for 30 continuous days receives a refund or credit from the operator for tax already charged, and the operator receives matching credit if the Town was already paid. Under § 37.158, remittance goes to the Finance Director or a designee no later than the twentieth day of each month for the preceding month. If the operator extends credit to the guest, the obligation to the Town stays with the operator. To offset bookkeeping costs, the operator keeps 2% of the tax due, but only when the payment is not delinquent.
Section 37.159 requires a monthly return under oath on a form developed by the Finance Director and approved by the Board of Mayor and Aldermen. The Finance Director must audit each operator at least once per year and report the results to the Board. Operators keep and preserve records for three years under § 37.162, and a claim for refund of tax erroneously paid must be filed with the Finance Director within one year of payment. Section 37.160 bars any advertisement that the tax will be absorbed, left off the rent, or refunded. Proceeds go to the funds the Board of Mayor and Aldermen directs (§ 37.163).
Short-term rentals are a separate question in the Town. Footnote 13 to the use table in § 151.021 prohibits the transient occupancy of short-term rentals, as defined in § 151.003, in each zoning district it lists.
Violations & Fines
Taxes unpaid after the due date are delinquent and accrue interest at 12% per annum plus a 1% penalty for each month or fraction thereof. Each willful failure to collect or remit, and each willful refusal by a transient to pay, is unlawful and punishable by a civil penalty not in excess of $500. Knowingly filing a false return carries a civil penalty of not more than $500. Other violations, such as advertising that the tax is absorbed, fall under § 10.99: a fine of not more than $50 or the state maximum, whichever is greater, per offense, each day a separate offense.
Frequently Asked Questions
How much is the hotel occupancy tax in Collierville?
When is the tax due to the Town?
Does a guest who stays a full month still owe the tax?
Can a Collierville hotel advertise that it absorbs the tax?
Sources & Official References
Other rules in Collierville
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Transient Occupancy Tax in Nearby Cities
How other cities in this county handle transient occupancy tax.