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Frederick 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
6% of room rental charge
Stay length covered
Fewer than 30 consecutive days
Report due
20th of following month
Late penalty
10% plus 10% annual interest
Records retention
Current year plus 3 prior years
Exempt payers
Hospitals, clinics, convalescent and elder homes

Summary

Frederick County levies a 6% transient occupancy tax on every accommodation rented for fewer than 30 consecutive days, including hotels, motels, inns, campgrounds and short-term rentals, under Code § 155-51. Accommodation providers collect the tax at payment, file a monthly report with the Commissioner of the Revenue by the 20th, and remit the money, which the code treats as held in trust for the county.

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

§ 155-50. Definitions. ... ACCOMMODATIONS Means any room or rooms, lodgings, or accommodations in any hotel, motel, boarding houses, travel campgrounds, inn, tourist cabin, club, short-term rental, or any other place offering guest rooms rented out for continuous occupancy for fewer than 30 consecutive days or in which rooms, lodging, space, or accommodations are regularly furnished to transients for a consideration. ... ... § 155-51. Tax imposed. ... In addition to all other taxes of every kind now or hereafter imposed by law, there is hereby imposed and levied on each and every transient a tax equivalent to 6% of the total amount paid for room rental by or for any such transient to any accommodation.

Full Breakdown

Chapter 155, Article XIV of the Frederick County Code taxes every 'accommodation' offered outside Winchester, Stephens City and Middletown, a term § 155-50 defines to include hotels, motels, boarding houses, travel campgrounds, inns, tourist cabins, clubs and short-term rentals renting to a 'transient' for fewer than 30 consecutive days. § 155-51 sets the rate at 6% of the total room rental charge, layered on top of every other tax already owed. § 155-52 exempts room rental paid to a hospital, medical clinic, convalescent home or home for the aged. § 155-53 requires the accommodations provider to collect the tax from the transient at the time payment is made, whether by cash or credit; § 155-54 treats every dollar collected as held in trust for the county until it is remitted. § 155-55 requires a monthly report on forms the Commissioner of the Revenue prescribes, due by the 20th of the following month with the tax payment attached, unless the provider's sales all run through an accommodations intermediary that has filed an annual attestation. § 155-57 adds a 10% penalty on any unpaid tax plus 10% annual interest, tied to the IRS underpayment rate after the first year, and § 155-58 lets the Commissioner estimate and assess the tax if a provider fails to collect or report. § 155-59 requires providers to keep four years of room-rental records open to the Commissioner's examination, and § 155-60 makes the tax immediately due if a provider goes out of business.

Violations & Fines

Under § 155-57, unpaid transient occupancy tax draws a 10% penalty plus 10% annual interest from the first day after the due date, rising to the federal underpayment rate, minimum 10%, in later years. § 155-58 authorizes the Commissioner of the Revenue to estimate and assess the tax, with penalty and interest, against any provider who fails to collect, report or remit it, after notice and a chance to be heard.

Frequently Asked Questions

What is Frederick County's hotel tax rate?
County Code § 155-51 sets the transient occupancy tax at 6% of the total room rental charge, added on top of every other state and local tax already due, and it applies to hotels, motels, inns, campgrounds and short-term rentals alike wherever the stay runs fewer than 30 consecutive days.
When does an accommodation provider have to remit the tax?
§ 155-55 requires a monthly report to the Commissioner of the Revenue, on the Commissioner's prescribed form, delivered by the 20th of the month after the rentals happened, along with a remittance for the tax collected that month; providers whose bookings all run through a registered intermediary can instead file an annual attestation.
Is a hospital stay subject to the tax?
No. § 155-52 exempts room rental paid to any hospital, medical clinic, convalescent home or home for the aged from the transient occupancy tax entirely, regardless of the length of stay.

Sources & Official References

Other rules in Frederick County

All Frederick County rules

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