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Henry County, GA Hotels & Lodging: Transient Occupancy Tax (2026)

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

Key Facts

Tax rate
8 percent of guest room rental
Coverage
Unincorporated county only
Exemption
Stays of 10+ consecutive days
Return due
20th of the following month
Late penalty
5% or $5, per 10-day period
Collected by
Henry County Tax Commissioner

Summary

Henry County levies an 8 percent excise tax on the rental paid for occupancy of every guest room in a hotel or motel in the unincorporated county, under Code of Ordinances § 3-3-68. The tax applies only outside city limits, exempts stays by permanent residents of ten days or more, and is due monthly to the tax commissioner.

These county ordinances apply to unincorporated areas of Henry County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

This article shall apply only to the unincorporated areas of the county. ... There is hereby levied and there shall be paid to the governing authority a tax of eight (8) percent of the rental paid for occupancy of every guest room in a hotel or motel in the county. ... No tax shall be imposed pursuant to this article with respect to occupancy by a permanent resident.

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 44).

Full Breakdown

Section 3-3-68 levies an excise tax of eight percent on the rental paid for occupancy of every guest room in a hotel or motel located in the county, an increase most recently amended by Ordinance No. 24-2 in April 2024 and Ordinance No. 24-4 in May 2024. Section 3-3-67 limits the tax's reach to the unincorporated areas of the county only; hotels inside McDonough, Stockbridge, Hampton or Locust Grove fall under those cities' own ordinances, not this article. Section 3-3-66 defines a taxable hotel broadly to include any lodging house, rooming house, motel, motor hotel, auto court, inn or public or private club with guest rooms rented for consideration, but excludes jails, hospitals, asylums and similar institutional buildings.

Section 3-3-70 exempts occupancy by a permanent resident, defined as anyone who has occupied, or has the right to occupy, a guest room for at least ten consecutive days before the date in question. Every operator must register with the tax commissioner under § 3-3-71 before doing business and receives a certificate of authority to collect the tax. Section 3-3-72 sets the return and payment deadline at the twentieth day of the month following each monthly rental period, with the return showing gross rent, exempt rent from permanent residents, taxable rent, and tax collected.

00, whichever is greater, for every ten-day period the tax remains unpaid; § 3-3-74 applies the same estimate-and-penalty process when an operator files no return at all.

Violations & Fines

An operator who under-reports or fails to file a monthly return faces a deficiency determination from the tax commissioner under § 3-3-73, plus a penalty of five percent of the unpaid tax or $5.00, whichever is greater, for every ten-day period of delinquency. Filing no return at all triggers the same penalty structure under § 3-3-74, based on the tax commissioner's own estimate of taxable rent.

Frequently Asked Questions

What is Henry County's hotel occupancy tax rate?
Section 3-3-68 levies an 8 percent excise tax on the rental paid for occupying any guest room in a hotel or motel in the county. The rate was set at 8 percent through amendments by Ordinance No. 24-2 and No. 24-4 in April and May 2024.
Does the hotel tax apply inside McDonough or Stockbridge?
No. Section 3-3-67 limits this article to the unincorporated areas of Henry County only. Hotels and motels located inside McDonough, Stockbridge, Hampton or Locust Grove are taxed, if at all, under those individual cities' own ordinances, not this county article.
Do long-term guests pay the hotel tax?
No. Section 3-3-70 exempts occupancy by a permanent resident, defined in § 3-3-66 as anyone who has occupied, or had the right to occupy, a guest room for at least ten consecutive days before the date in question.
When are hotel tax returns due in Henry County?
Section 3-3-72 requires operators to file a return and pay the tax commissioner by the twentieth day of the month following each monthly rental period, showing gross rent, permanent-resident exemptions, taxable rent and the tax collected for that period.

Sources & Official References

Other rules in Henry County

All Henry County rules

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