Freehold Township, NJ Hotels & Lodging: Transient Occupancy Tax (2026)
Key Facts
- Governing section
- Township Code § 311-4
- Tax rate
- 3% of room rent
- Legal basis
- N.J.S.A. 54:32D-1 et seq.
- Who owes it
- The occupant
- Who collects it
- Hotel/motel owner, manager or staff
- Monthly remittance deadline
- 28th of each month
- Adopted
- March 27, 2007, Ord. No. O-07-5
Summary
Freehold Township imposes a 3% municipal occupancy tax on every hotel or motel room rental under Chapter 311, collected by the operator, remitted monthly to the state, and then distributed back to the Township quarterly.
There is hereby imposed within the Township of Freehold a tax to be charged in accordance with the provisions of N.J.S.A. 54:32D-1 et seq., on charges of rent for every occupancy within a hotel or motel. The tax shall be at the rate of 3% on charges of rent for every occupancy. Said tax shall be in addition to any and all taxes or fees imposed under state statute or local ordinances upon the occupancy of a hotel or motel. For purposes of this article, the word "hotel" shall be defined as a building regularly used and kept open for the lodging of guests, including motels, bed-and-breakfasts and inns.
Full Breakdown
Township Code § 311-4, adopted March 27, 2007 by Ord. No. A. on charges of rent for every occupancy within a hotel or motel, at a rate of 3%, on top of any other state or local taxes and fees already applying to the room. The chapter defines "hotel" broadly to include motels, bed-and-breakfasts and inns, meaning a building regularly used and kept open for lodging guests. Under § 311-5, the tax is legally owed by the occupant, defined as anyone who for consideration uses or has the right to use a room under any lease, license, permit or similar arrangement, and the hotel or motel owner or booking party is barred from absorbing the tax themselves or advertising that the tax will not be separately charged or will be refunded.
Section 311-6 makes the person who actually collects the rent, whether the owner, manager, salesperson or other employee, responsible for collecting the tax on the Township's behalf, and that collector is personally liable for the tax under Subsection B. Under § 311-7, the collector must forward the prior month's collected tax to the Director of the Division of Taxation in the state Treasury Department by the 28th of each month and file a monthly return, after which the Director certifies collections by municipality and the State Treasurer distributes the Township's share back on a quarterly or more frequent basis.
Violations & Fines
Each instance where an owner or employee absorbs or assumes the tax instead of charging it separately, and each day an advertisement misrepresenting the tax continues, counts as a separate offense under § 311-8. Offenders are subject to penalties under Chapter 1, Article II, § 1-3 of the Township Code, and each collector who fails to remit or file the required monthly return to the state Division of Taxation remains personally liable for the uncollected tax.
Frequently Asked Questions
What is the hotel occupancy tax rate in Freehold Township?
Who actually pays Freehold Township's hotel tax?
How does the Township collect this tax from hotels?
Does Freehold Township's occupancy tax apply to short-term rentals?
Sources & Official References
Other rules in Freehold Township
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