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Hamilton, NJ Hotels & Lodging: Transient Occupancy Tax (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Tax rate
3% of hotel room rent
Governing section
Hamilton Code § 449-2
Who pays
Purchaser or guest, not hotel
Stacks with
State sales/hotel taxes
Adopted
7-5-2007, Ord. No. 07-019
Penalty basis
Separate offense per day

Summary

Hamilton Township levies a 3% hotel room occupancy tax on every taxable hotel stay under Code § 449-2, on top of the state sales and hotel taxes. Guests pay it directly, and hotels are barred from absorbing or advertising it away.

There shall be a hotel room occupancy tax in the Township, which shall be fixed at a uniform rate of 3% on charges of rent for every occupancy of a hotel in the Township occurring in a hotel subject to taxation pursuant to the Sales and Use Tax Act, N.J.S.A. 54:32B-1 et seq. The hotel room occupancy tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a hotel room.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4984352; v35 updated 2026-06-16; through 06-16-2026).

Full Breakdown

Chapter 449, Article I, adopted July 5, 2007 by Ordinance No. A. A. (§ 449-1, § 449-2). The 3% is stacked on top of, not in place of, any other tax or fee a governmental entity imposes on the same room occupancy (§ 449-2(B)). Section 449-3 puts the legal burden on the purchaser or guest, not the hotel: the establishment (the code calls it the "vendor") cannot assume or absorb the tax itself, cannot advertise that the tax will be absorbed, cannot claim the tax will not be separately charged, and cannot promise the tax will be refunded to the guest.

Every one of those prohibited practices is written into § 449-3(B) and (C) as a standalone bar on the hotel's conduct at the front desk or in its marketing. The tax did not take effect immediately: § 449-5 delays the effective date to the first day of the first full month occurring 90 days after the ordinance was transmitted to the New Jersey State Treasurer, the standard startup lag the state hotel tax statute requires for local occupancy taxes. The Township has since added a separate cannabis transfer and user tax under Chapter 449, Article II, but that article runs on its own 2%/1% rate structure for cannabis establishments and does not touch the hotel tax rate or its administration.

Violations & Fines

Under § 449-4, each time a vendor absorbs or assumes the occupancy tax instead of passing it to the guest is a separate offense, and each day a prohibited advertisement or representation about absorbing/refunding the tax continues is its own separate offense. Violations are punishable under the Township's general penalty provision, Code Chapter 1, § 1-2, Violations; penalties, as amended.

Frequently Asked Questions

What is Hamilton Township's hotel occupancy tax rate?
It is fixed at a uniform 3% on the rent charged for every occupancy of a hotel room in the Township, applied to hotels already subject to the state Sales and Use Tax Act, per Code § 449-2(A).
Who is legally responsible for paying the hotel tax?
The purchaser or guest renting the hotel room pays it under Code § 449-3(A). The hotel, called the vendor in the ordinance, is barred from absorbing the tax itself or advertising that it will.
Can a Hamilton hotel advertise a room rate that includes the occupancy tax for free?
No. Code § 449-3(C) prohibits a vendor from holding out, directly or indirectly, that the tax will be assumed, not separately charged, or refunded to the guest; doing so is a separate offense for each day the ad runs.

Sources & Official References

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