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Kauai County, HI Hotels & Lodging: Transient Occupancy Tax (2026)

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

Key Facts

County TAT rate
3.0% of gross rental income
Legal basis
Act 1, Session Laws of Hawai'i 2021
Enacted
Ord. No. 1099, September 16, 2021
Exemptions
Same as HRS § 237D-3
Collection window
15 years after assessment

Summary

Hotels and other transient accommodations on Kaua'i (Kaua'i County) owe a 3.0% county transient accommodations tax on gross rental income, on top of Hawai'i's own state TAT, under authority the Legislature granted counties in Act 1 of the 2021 special session.

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

Pursuant to Part III, Act 1, Session Laws of Hawai'i 2021, a three-percent (3.0%) transient accommodations tax is established on all gross rental, gross rental proceeds, and fair market rental value considered taxable under the definitions of Section 237D-1, Hawai'i Revised Statutes. This tax shall be considered levied upon the enactment of this Ordinance.

Full Breakdown

Kaua'i County Code § 5-4.1 establishes a 3.0% transient accommodations tax on all gross rental, gross rental proceeds, and fair market rental value taxable under Hawai'i Revised Statutes § 237D-1, reaching hotels, resort condominiums, and any other transient accommodation on the island; the Council enacted it as Ord. No. 1099 on September 16, 2021, using authority the state legislature gave counties in Part III of Act 1, Session Laws of Hawai'i 2021, and amended the article by Ord. No. 1109 on April 7, 2022. Section 5-4.2 imports the HRS § 237D-1 definitions wholesale, and § 5-4.4 does the same for the HRS § 237D-3 exemptions, so any stay exempt from the state's transient accommodations tax is exempt from the county's 3% add-on too.

Resort time share vacation plans get their own liability rule under § 5-4.3(c): each plan must be represented by a plan manager who is personally liable for paying the county tax on the plan's behalf. If the IRS later adjusts a taxpayer's federal figures, § 5-4.8 requires the same reflective adjustment to be reported to the County Finance Director. All of it stays confidential: § 5-4.13 makes it unlawful for any County officer or employee, including an auditor, to disclose return information to anyone outside the taxpayer, an authorized agent, or a person with a material interest such as a partner or trustee.

Violations & Fines

The County Finance Director can examine any filed return, audit it, and assess a deficiency with interest under § 5-4.11(b); an unfiled or fraudulent annual return lets the Director assess the tax at any time, with the County bearing the burden of proving fraud. Once an assessment issues, § 5-4.11(c) gives the County up to fifteen years to collect it by levy or court action under HRS Chapter 231, and unlawfully disclosing a taxpayer's confidential return information under § 5-4.13 is itself a violation by the disclosing officer or employee.

Frequently Asked Questions

What is Kaua'i's hotel occupancy tax rate?
County Code § 5-4.1 sets a 3.0% transient accommodations tax on gross rental, gross rental proceeds, and fair market rental value taxable under HRS § 237D-1, layered on top of the state's own transient accommodations tax that already applies to Kaua'i hotels.
Does the county hotel tax apply to timeshares?
Yes. Section 5-4.3(c) makes every resort time share vacation plan's plan manager personally liable for the county's 3% tax and requires each plan to be represented by a plan manager who remains subject to this Article for as long as the plan operates on Kaua'i.
Are any accommodations exempt from Kaua'i's TAT?
Section 5-4.4 incorporates the exemptions listed in Hawai'i Revised Statutes § 237D-3 directly into the county ordinance, so any stay, accommodation, or transaction exempt from the state's transient accommodations tax is automatically exempt from Kaua'i's 3% county tax as well.
How long can the County Finance Director pursue unpaid hotel tax?
Under § 5-4.11(c), the County must assess the tax within three years of the return's filing or its due date, whichever is later, but once assessed it may collect by levy or court action for up to fifteen years afterward, per Hawai'i Revised Statutes Chapter 231.

Sources & Official References

Other rules in Kauai County

All Kauai County rules

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