Frederick County, VA Hotels & Lodging: Transient Occupancy Tax (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.
§ 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?
When does an accommodation provider have to remit the tax?
Is a hospital stay subject to the tax?
Sources & Official References
Other rules in Frederick County
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