Gilbert, AZ Hotels & Lodging: Transient Occupancy Tax (2026)
Key Facts
- Base hotel privilege tax
- 2% of gross lodging income (Sec. 58-444)
- Additional transient tax
- 5% of gross income to transients (Sec. 58-447)
- Combined Town rate
- 7% of taxable transient lodging income
- Collecting authority
- Town Tax Collector
- Key exclusion
- Income from privately operated prisoner detention
Summary
Gilbert taxes hotel and lodging operators twice under Chapter 58: a general two percent (2%) Hotels privilege tax on gross lodging income under Sec. 58-444, plus an additional five percent (5%) transient-lodging tax under Sec. 58-447, a combined 7% Town tax on top of any state and county transaction privilege tax.
Sec. 58-444. - Hotels. The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of operating a hotel charging for lodging and/or lodging space furnished to any: (a)Person. ... Sec. 58-447. - Rental, leasing, and licensing for use of real property: additional tax upon transient lodging. In addition to the taxes levied as provided in Section 58-444, there is hereby levied and shall be collected an additional tax in an amount equal to five percent (5%) of the gross income from the business activity of any hotel engaging or continuing within the Town in the business of charging for lodging and/or lodging space furnished to any transient.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102).
Full Breakdown
Sec. 58-444, "Hotels," levies the base Privilege Tax at two percent (2%) of gross income upon every person operating a hotel that charges for lodging or lodging space furnished to any person. That base rate excludes several categories of income, including amounts from incarcerating or detaining prisoners in a privately operated facility, income already taxed under another Article IV classification, and separately stated telecommunications charges (which fall instead under Sec. 58-470). Sec. 58-447, titled "Rental, leasing, and licensing for use of real property: additional tax upon transient lodging," layers a second, additional tax on top of the Sec.
58-444 base: five percent (5%) of gross income from the business activity of any hotel charging for lodging or lodging space furnished specifically to a transient. That additional tax was set by Ordinance No. 931 in 1995 and has been amended since, most recently by Ordinance No. 2918 in 2024. Together, Sections 58-444 and 58-447 produce a combined 7% Town-level tax on transient lodging revenue, collected by the Town Tax Collector under the reporting and payment procedures in Sec. 58-520 and the delinquency rules in Sec.
58-530. Because Sec. 58-445(j) exempts from the rental/leasing tax any gross income already taxable under Sec. 58-444, a hotel operator is not double-taxed under both the general real-property rental section and the Hotels section, the Hotels classification and its added transient-lodging tax are the specific provisions that apply once lodging is being sold to overnight guests.
Violations & Fines
Transient lodging tax is reported and remitted to the Town Tax Collector on the schedule set by Sec. 58-520. Late or inaccurate filings are subject to interest and civil penalties under Sec. 58-540, and the Tax Collector may recompute a deficient return under Sec. 58-545 where records don't support the reported gross income.
Frequently Asked Questions
What is Gilbert's transient occupancy tax rate?
Does Gilbert's transient tax apply to every guest or just transients?
Is a Gilbert hotel taxed twice under both the rental and hotel sections?
Sources & Official References
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