Downey, CA Hotels & Lodging: Transient Occupancy Tax (2026)
Key Facts
- Tax rate
- 9% of Room Rental
- Governing chapter
- Municipal Code Art. VI, Ch. 1A, § 6125 et seq.
- Adopted
- Ord. 255, 10-13-64
- Collected by
- Hotel Operator, remitted to Tax Administrator
- Registration deadline
- 30 days after opening
- Filing frequency
- Quarterly returns due
- Exempt guest
- Permanent Resident (90+ consecutive days)
Summary
Downey charges a 9% Transient Occupancy Tax on room rental for any hotel, motel, or other lodging place under Municipal Code Chapter 1A, collected by the operator from the guest and remitted to the city's Tax Administrator, the Director of Finance.
For the privilege of occupancy in any Hotel, each Transient is subject to and shall pay a tax in the amount of 9% of the Room Rental charged by the Operator. Said tax constitutes a debt owed by the Transient to the City which is extinguished only by payment to the Operator or to the City. The Transient shall pay the tax to the Operator of the Hotel at the time the Room Rental is paid. If the Room Rental is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the Transient's ceasing to occupy space in the Hotel. If for any reason the tax due is not paid to the Operator of the Hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator.
Full Breakdown
Downey's Uniform Transient Occupancy Tax, codified at Municipal Code Chapter 1A (Article VI) and originally adopted by Ordinance 255 in 1964, taxes any Transient's occupancy of a Hotel at 9% of the Room Rental charged, per Section 6127. 4 defines a Transient as anyone occupying a room for 90 consecutive days or less at their own expense or another's. The tax is a debt owed by the guest to the city, collected by the operator at the time rent is paid (or proportionally with each installment payment), and Section 6129 bars an operator from advertising that the tax will be absorbed rather than charged separately.
Section 6128 exempts only occupants the city has no legal power to tax, federal officers or employees on official business, and treaty-exempt foreign government employees, and any exemption must be claimed on a form at the time rent is collected. Section 6130 requires every operator to register with the Tax Administrator within 30 days of the chapter's effective date or of starting business, obtain a Transient Occupancy Registration Certificate, and post it conspicuously on the premises; the certificate does not authorize unlawful operation or substitute for any other required city permit.
Section 6131 requires operators to file a quarterly return with the Tax Administrator by the last day of the month following each calendar quarter (or a shorter period the Tax Administrator sets), remit the full tax collected with that return, and hold collected taxes in trust for the city until remitted.
Violations & Fines
An operator who fails to separately state, collect, or remit the 9% tax, or who advertises that the tax will be absorbed instead of charged, violates Chapter 1A. The Tax Administrator (Director of Finance) can require the transient to pay the tax directly if the operator does not collect it, and unpaid or unremitted tax is treated as a trust obligation owed to the city under Section 6131.
Frequently Asked Questions
What is Downey's hotel occupancy tax rate?
Who counts as a taxable Transient in Downey?
Does a hotel need to register with the city before collecting the tax?
How often does a Downey hotel have to remit collected tax?
Sources & Official References
Other rules in Downey
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