Fairfield levies a Transient Occupancy Tax of 12% of room rent on stays of fewer than 30 consecutive days at hotels, motels, inns, tourist homes, and similar lodging, under Chapter 6, Article XV of the Municipal Code. The rate increased from 10% to 12% effective January 1, 2025 following voter approval of Measure M in November 2024. A separate Tourism Business Improvement District (TBID) assessment of 3% funds destination marketing, yielding a combined 15% lodging tax burden on a guest's room rent in Fairfield.
Fairfield's TOT was first adopted in 1965 at a lower rate and held at 10% from 1984 through December 31, 2024. Measure M, a general-purpose tax measure on the November 2024 ballot, raised the rate to 12% effective January 1, 2025 with no sunset, and was approved as a general tax requiring only a simple majority. Under California Revenue & Taxation Code Β§7280, cities may impose TOT on transient stays (under 30 consecutive days); Fairfield's ordinance defines 'hotel' broadly to capture hotels, motels, inns, tourist homes, public/private clubs operating lodging, mobile homes or house trailers at fixed locations, and similar accommodations. The 'transient' definition (under 30 consecutive days) is critical: a guest who stays 30 consecutive days or more becomes a non-transient and the operator must refund tax collected on the first 30 days or treat the entire stay as non-taxable depending on the booking structure. The operator must: (1) register with the City Finance Department within 30 days of beginning business and obtain a Transient Occupancy Registration Certificate, displayed at the property; (2) collect TOT at the time rent is collected; (3) hold the tax in trust for the City; and (4) file monthly returns by the last day of the month following each calendar month. Exemptions: federal government employees on official business with proper documentation (typically a GSA Form SF-1094), foreign diplomats with proper credentials, and certain welfare/relief program payees. The 3% TBID assessment is added on the same base and funds Visit Fairfield. Penalties for non-compliance: 10% delinquency at first month late, additional 10% at 30+ days late, plus 0.5% monthly interest; willful evasion is a misdemeanor. Fairfield's principal lodging cluster sits along I-80 near the Solano Town Center and the Travis AFB Westgate, including major brands (Hilton, Marriott, Hyatt, Best Western) and a number of independent motels.
Failure to register as an operator: ordinance violation with administrative penalties and possible criminal misdemeanor exposure. Failure to collect TOT: operator becomes personally liable for the tax that should have been collected. Collected-but-unremitted tax: fiduciary breach (tax held in trust) with stacked penalties, personal liability for corporate officers under Revenue & Taxation Code Β§7280, and potential criminal prosecution. Improper claim of exemption (e.g., accepting personal-credit-card payment from a government employee and still claiming exemption): assessment of tax plus penalties. Operator audits can reach back four years.
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