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Gilbert, AZ Hotels & Lodging: Transient Occupancy Tax (2026)

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

View official code

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?
A combined 7%: the 2% base Hotels privilege tax under Sec. 58-444 plus an additional 5% transient-lodging tax under Sec. 58-447, both measured on gross income from charging for lodging or lodging space.
Does Gilbert's transient tax apply to every guest or just transients?
The base 2% under Sec. 58-444 applies to lodging charged to any person, while the additional 5% under Sec. 58-447 applies specifically to lodging or lodging space furnished to a transient.
Is a Gilbert hotel taxed twice under both the rental and hotel sections?
No. Sec. 58-445(j) exempts gross income already taxable under Sec. 58-444 from the general real-property rental tax, so hotel lodging revenue is taxed once under the Hotels classification plus its transient add-on.

Sources & Official References

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