Commerce City, CO Hotels & Lodging: Transient Occupancy Tax (2026)
Key Facts
- Tax rate
- 4% of room/accommodation price
- Governing sections
- Sec. 20-240 (purpose), 20-242 (levy)
- Stacks with
- City's regular sales and use tax
- Exemption
- Stays of 30+ consecutive days
- License required
- Sec. 20-245 business license
- Revenue use
- Economic development, marketing, parks/rec
Summary
Commerce City levies a 4 percent excise tax on hotel and motel room and accommodation charges under Municipal Code section 20-242, on top of the city's regular sales and use tax. The tax funds economic development, marketing and parks and recreation under section 20-244, and stays of thirty consecutive days or more are exempt under section 20-243.
The purpose of this article is to impose a four (4) percent tax on the price paid for short-term hotel and motel room and accommodations as herein defined. ... Except for exempt transactions, on and after the first day of January, 2008, there is levied on hotel and motel room and accommodation services as herein defined and shall be paid and collected an excise tax of four (4) percent on the price paid by any person or charged by any vendor for the leasing, rental or providing for a consideration hotel or motel room or accommodation services in the City of Commerce City. ... All sales to any occupant who is a resident of any hotel, motel, lodging house, inn, guest house, hostel, bed and breakfast or any other place which provides sleeping rooms or facilities and who enters into or has entered into an agreement and has subsequently paid for occupancy of a room or rooms or accommodations for a period of at least thirty (30) consecutive days.
Full Breakdown
Section 20-240 states the purpose of Article IX of Chapter 20: to impose a four percent tax on the price paid for short-term hotel and motel room and accommodations. Section 20-242 levies that excise tax, effective January 1, 2008, on the price any vendor charges for leasing, renting or otherwise providing a hotel or motel room or accommodation in Commerce City, and specifies the tax applies in addition to the sales and use tax charged under Chapter 20, Article V. Section 20-241 defines "vendor" broadly as the owner or operator of a hotel, motel, lodging house, inn, guest house, hostel or bed and breakfast that provides room or accommodation services for a consideration, and "price" as the full value paid or promised for the room.
Anyone providing hotel or motel room or accommodation services must first obtain a Commerce City business license under Section 20-245, and Section 20-246 makes the vendor liable for remitting four percent of gross proceeds from those services. Section 20-247 folds administration and collection into the same process used for the sales and use tax, including the assessment of interest and penalties for nonpayment. Section 20-243 exempts several categories of sales from the tax, most notably any stay where the occupant enters an agreement and pays for a room or rooms for at least thirty consecutive days, even if payment is made in shorter increments, as well as sales to charitable organizations and to federal, state or city government entities acting in their governmental capacity.
Section 20-244 directs the collected revenue, plus interest earned, into a dedicated Hotel and Motel Room and Accommodation Services Tax Account restricted to economic development, marketing, and parks and recreation spending.
Violations & Fines
A vendor who fails to collect, report or remit the four percent tax faces the same enforcement and penalty process used for the city's sales and use tax under section 20-247, including interest and penalties for nonpayment, plus the municipal court and administrative hearing remedies in sections 20-222 through 20-237. Operating without the required business license under section 20-245 is a separate unlawful act.
Frequently Asked Questions
What is Commerce City's hotel and motel tax rate?
Does the hotel tax apply if a guest stays a month or longer?
Does a vendor need a license to collect Commerce City's hotel tax?
Sources & Official References
Other rules in Commerce City
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Transient Occupancy Tax in Nearby Cities
How other cities in Adams County handle transient occupancy tax.