Elgin, IL Hotels & Lodging: Transient Occupancy Tax (2026)
Key Facts
- Tax rate
- 8% of room rent per 24-hour period
- Exempt
- stays over 30 consecutive days
- Returns due
- 15th of following month
- Late penalty
- 1% per 30-day period
- Collected by
- owner, remitted to finance director
- Enforcement
- corporation counsel civil suit
Summary
Elgin taxes every hotel and motel room rental at 8 percent of the nightly rate under City Code Chapter 4.24. The renter pays the tax, the owner collects and remits it to the finance director, and stays exceeding thirty consecutive days or renters who live and work in the same hotel are exempt from the charge entirely.
A. There is levied and imposed a tax of eight (8) percent of the rent charged for the privilege and use of renting a hotel or motel room within the city for each twenty-four (24) hour period or any portion thereof for which a daily room charge is made; provided however, that the tax shall not be levied and imposed upon any person who rents a hotel or motel room for more than thirty (30) consecutive days or to a person who works and lives in the same hotel or motel. B. The ultimate incidence of and liability for payment of said tax is to be borne by the person who seeks the privilege of occupying the hotel or motel room, said person hereinafter referred to as "renter."
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 7).
Full Breakdown
Chapter 4.24 of the Elgin Municipal Code levies an 8 percent tax on the rent charged for renting a hotel or motel room within the city for each 24-hour period or portion of one for which a daily room charge is made (Section 4.24.020A). The tax does not apply to anyone renting a room for more than thirty consecutive days or to a person who both works and lives in the same hotel or motel. Legal liability for the tax rests with the renter, the guest who occupies the room, but it is the hotel or motel owner's duty to secure the tax from the renter and remit it to the finance director under procedures the finance director prescribes (Section 4.24.020B-D).
Owners must keep daily records showing the number of rooms rented each 24-hour period and the tax receipts collected, and the finance director or an authorized representative may enter the premises at any time to inspect those books (Section 4.24.030). Monthly tax returns are due on or before the 15th day of the following calendar month, and the finance director decides whether an owner reports on a cash-receipts or gross-billing basis; owners who bill and later write off a bad debt can deduct it from a later return but must report tax if the debt is later recovered (Section 4.24.040A, D).
Return information stays confidential except for official tax administration or law-enforcement purposes (Section 4.24.040E). Any room in a structure offered nightly with sleeping facilities counts as a taxable "hotel room or motel room" under the chapter's definition, regardless of what the operator calls the building (Section 4.24.010).
Violations & Fines
Late payment draws a penalty of 1 percent for every 30-day period, or part of one, that the tax remains unpaid (Section 4.24.040C). If an owner fails to pay, the corporation counsel can sue on the finance director's request to force payment (Section 4.24.050). Anyone who willfully fails to pay, collect, report, or transmit the tax faces prosecution under the general penalty schedule in Chapter 1.20, with fine-only cases handled as quasi-criminal actions under 735 ILCS 5/2-101 et seq. (Section 4.24.060).
Frequently Asked Questions
Does Elgin's hotel tax apply to a one-night stay?
Who is legally responsible for paying Elgin's hotel tax?
What happens if a hotel doesn't file its tax return on time?
Are extended-stay guests exempt from the tax?
Sources & Official References
Other rules in Elgin
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