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Irvine, CA Hotels & Lodging: Transient Occupancy Tax (2026)

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

Key Facts

Tax rate
8% of rent charged
Effective date
July 1, 1983
Registration deadline
within 30 days of opening
Original delinquency penalty
10% of tax due
Continued delinquency (30+ days)
additional 10% penalty
Fraud penalty
25% of tax due
Records retention
4 years, City-inspectable

Summary

Irvine imposes an eight percent transient occupancy tax on every hotel, motel, or short-term rental stay of 30 consecutive days or less, effective July 1, 1983. The operator collects the tax from the guest at the time rent is paid and remits it to the Director of Administrative Services, who also issues the registration certificate every operator must post.

For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of eight percent of the rent charged by the operator, effective July 1, 1983. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel.

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 20 | Zoning: Supplement 16).

Full Breakdown

City Code Chapter 4 of Division 9 defines a taxable "hotel" broadly, any structure occupied or designed for occupancy by transients for dwelling, lodging, or sleeping, including motels, inns, rooming houses, apartment houses, and mobile homes at a fixed location, while excluding hospitals, jails, employer-provided camp housing, and dwellings rented only occasionally and incidentally to an owner's normal occupancy. A "transient" is anyone occupying a room for 30 consecutive calendar days or less; longer stays are exempt only if the operator holds a written agreement documenting the extended period, and no occupant is ever exempt for the first 30 days.

Under Sec. 2-9-402, the tax is 8 percent of the rent charged, paid by the transient to the operator when rent is due, or proportionally with installment payments. Operators must register with the Director of Administrative Services within 30 days of opening and post a Transient Occupancy Registration Certificate on the premises. Returns and full remittance are due on or before the last day of the month following the close of each calendar month (Sec. 2-9-407), and the Director may shorten reporting periods for any certificate holder.

Exemptions cover federal and state officers/employees on official business, foreign government officers under treaty, and complimentary rooms with no compensation paid, but every exemption claim requires a signed, perjury-attested form. Records must be kept for four years and are subject to City inspection, and refund claims must be filed within three years of payment (Sec. 2-9-413).

Violations & Fines

An operator who fails to remit on time owes a 10 percent penalty on the tax due; if the remittance is still unpaid 30 days later, a second 10 percent penalty applies; and if the Director of Administrative Services finds the nonpayment fraudulent, a 25 percent penalty is added on top of the others (Sec. 2-9-408). Unpaid amounts also accrue interest at the prime rate plus two percent per annum until paid, and every penalty and interest amount becomes part of the tax itself.

Frequently Asked Questions

Does Irvine's occupancy tax apply to Airbnb-style short-term rentals?
Yes. The code's "hotel" definition covers any structure occupied by transients for dwelling, lodging, or sleeping purposes, and "transient" means anyone occupying a room for 30 consecutive days or less, so a short-term rental booking falls within Sec. 2-9-401's definitions unless it qualifies as an occasional owner-occupied rental.
Who actually pays Irvine's 8 percent occupancy tax?
The transient guest pays it, added to the rent at the time rent is due. The operator only collects and holds the money. Sec. 2-9-402 makes the tax a debt owed by the guest to the City that isn't extinguished until it reaches the operator or the City directly.
What happens if a hotel operator is late remitting the tax?
Penalties stack: 10 percent for the initial delinquency, another 10 percent if still unpaid 30 days later, and 25 percent if the Director of Administrative Services determines the nonpayment was fraudulent, plus ongoing interest at the prime rate plus two percent under Sec. 2-9-408.
Can an operator dispute a tax assessment?
Yes. After the Director of Administrative Services issues a determination, the operator has 10 days to request a hearing, and after that decision, 15 days to appeal in writing to the City Council through the City Clerk under Secs. 2-9-409 and 2-9-410.

Sources & Official References

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