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Fauquier County, VA Hotels & Lodging: Transient Occupancy Tax (2026)

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

Key Facts

Tax rate
2% of room charge
Applies to
Hotels, motels, B&Bs, campgrounds, STRs
Not charged in
Warrenton, The Plains, Remington
Remittance due
20th of each month
Late penalty
10% plus 10%/year interest
Records retention
2 years
Enforcing office
Commissioner of the Revenue

Summary

Unincorporated Fauquier County levies a 2 percent transient occupancy tax on every hotel, motel, bed and breakfast, campground, and short-term rental room charge under County Code § 8-102, collected by the lodging provider or booking platform and remitted monthly to the Commissioner of the Revenue.

These county ordinances apply to unincorporated areas of Fauquier County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

In addition to all other taxes of every kind now and hereafter imposed by law, there is hereby imposed and levied on each and every transient a tax equivalent to two (2) percent of the total amount paid for a room charge by or for any transient to any lodging facility for the use or possession of an accommodation; provided however, that the tax imposed by this subsection will not be imposed on any transient occupancy in any lodging facility that is located within any town that has imposed a tax on transient occupancy.

Full Breakdown

Under County Code § 8-102, the Board of Supervisors imposes a 2 percent tax on the total room charge paid by any "transient" (a guest staying fewer than thirty consecutive days) at any "lodging facility," a term defined at § 8-101 to include hotels, inns, motels, tourist homes, boarding houses, campgrounds, and other rented guest rooms. The tax does not apply within Warrenton, The Plains, or Remington because those towns impose their own occupancy tax (§ 8-102). Hospitals, medical clinics, convalescent homes, and homes for the aged are exempt from the tax on room rentals they charge (§ 8-103).

Collection duties fall on the "accommodation intermediary" (a booking platform) when one facilitates the sale, or otherwise on the accommodation provider itself, and either must collect the tax from the guest at the time of payment (§ 8-105). Reports and remittances are due monthly, on or before the 20th day of the month, covering the prior month's collections, delivered to the Commissioner of the Revenue with payment to the treasurer (§ 8-106). A provider or intermediary that fails to remit on time faces a 10 percent penalty on the unpaid tax plus 10 percent annual interest after one month's delinquency (§ 8-107).

Records of daily room charges and taxes collected must be preserved for two years and made available to the Commissioner of the Revenue for audit (§ 8-110). No person may advertise that the tax will be paid or absorbed on the guest's behalf (§ 8-104).

Violations & Fines

Willful failure or refusal to file a required tax return is a criminal offense: a Class 3 misdemeanor if the unpaid tax is $1,000 or less, and a Class 1 misdemeanor if it exceeds $1,000, with each failure to file treated as a separate offense (§ 8-112). Conviction does not excuse payment of the tax, penalties, or interest owed.

Frequently Asked Questions

What is Fauquier County's hotel occupancy tax rate?
It is 2 percent of the total room charge paid by any transient staying fewer than thirty consecutive days at a lodging facility in unincorporated Fauquier County, under County Code § 8-102. Guests staying in Warrenton, The Plains, or Remington pay that town's own occupancy tax instead.
Who has to collect and remit the tax?
The accommodation intermediary, such as a booking platform, collects and remits the tax when it facilitates the sale; otherwise the accommodation provider itself must collect it from the guest at payment and remit it monthly to the Commissioner of the Revenue by the 20th (§§ 8-105, 8-106).
What happens if the tax is not paid on time?
The county adds a 10 percent penalty on the unpaid tax the day after it is due, plus 10 percent annual interest if it remains unpaid after one month, and willful failure to file a return can be prosecuted as a Class 1 or Class 3 misdemeanor depending on the amount owed (§§ 8-107, 8-112).

Sources & Official References

Other rules in Fauquier County

All Fauquier County rules

Compare Fauquier County to another location·View the Virginia hotels & lodging overview

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