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Santa Clara County, CA Hotels & Lodging: Transient Occupancy Tax (2026)

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

Key Facts

Tax rate
8% of rent charged
Applies to stays
30 consecutive days or less
Collected by
Operator, remitted to County
Late penalty
10% first, +10% after 30 days
Applies only
Outside the county's 15 cities

Summary

Unincorporated Santa Clara County hotels, motels and other short-term lodging must collect an 8% transient occupancy tax from every guest staying 30 days or less and remit it to the County.

City-specific rules exist: Sunnyvale, Santa Clara, Mountain View, and San Jose have their own transient occupancy tax rules that differ from Santa Clara County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

For the privilege of occupancy in a hotel in the unincorporated areas of the County, unless the occupancy is for a period of more than 30 days, each transient is subject to and shall pay a tax in the amount of eight percent of the rent charged by the operator. Said debt is extinguished only by payment to the operator or to the County. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent 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 Director of Finance may require that such tax be paid directly to the Director of Finance.

(Ord. No. NS-216.6, § 1, 8-26-86; Ord. No. NS-216.8, 12-13-05; Ord. No. NS-300.922, § 3, 3-6-18)

Sec. A30-51. - Exemptions. No tax shall be imposed upon:

(a)Any person as to whom, or any occupancy as to which, it is beyond the power of the County to impose the tax herein provided;(b)Any officer or employee of the federal or state government, or any political subdivision thereof, when on official business;(c)Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.

Source: San Jose Municipal Code Chapter 4.72View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).

Full Breakdown

Sec. A30-50 imposes an 8 percent transient occupancy tax on every guest occupying a hotel, motel, inn, tourist home, recreational vehicle site or other lodging in unincorporated Santa Clara County for 30 consecutive days or less. The operator collects the tax along with the rent and remits it to the County Director of Finance. Sec. A30-49 defines 'hotel' broadly enough to cover short-term rental listings, not just traditional hotels. Federal, state and certain foreign-government employees on official business are exempt under Sec. A30-51. This 8% county rate applies only outside the county's fifteen incorporated cities, each of which sets its own hotel tax under its own municipal code.

Violations & Fines

Late remittance draws a 10% penalty, a second 10% penalty after 30 more days, up to 25% for fraud, plus 1.5% monthly interest on the unpaid tax under Sec. A30-55.

Frequently Asked Questions

Does this rate apply inside San Jose or Palo Alto?
No: this is unincorporated Santa Clara County's own rate. San Jose, Palo Alto and the county's other 13 cities each set their own transient occupancy tax under their own municipal codes.
Do short-term rentals like Airbnb owe this tax?
Yes. Sec. A30-49 defines 'hotel' to include 'other lodging,' so short-term rental hosts in the unincorporated county collect and remit the same 8% tax as traditional hotels.

Sources & Official References

Other rules in Santa Clara County

All Santa Clara County rules

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Transient Occupancy Tax in Cities Across Santa Clara County