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Kyle, TX Hotels & Lodging: Transient Occupancy Tax (2026)

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

Key Facts

Tax rate
7% of room consideration (§ 44-84(b))
Threshold
Applies to rooms $2.00 or more per day
Reports due
Quarterly, last day of month after quarter ends
Late penalty
5% of tax plus 1% monthly interest
Criminal penalty
Up to $500 fine per offense (§ 44-96)
Record retention
5 years, organized by calendar year
Geographic reach
Applies inside Kyle and its ETJ

Summary

In the City of Kyle, every hotel, motel, bed and breakfast or short-term rental charging $2 or more a day for a sleeping room must collect a 7% hotel occupancy tax under City Code § 44-84, on top of the state's separate hotel tax. The tax reaches properties inside Kyle and in its extraterritorial jurisdiction, and operators file quarterly reports with the city secretary.

(a) There is hereby levied a tax upon the cost of occupancy of sleeping rooms in hotels, located within the city or within the city's extraterritorial jurisdiction (ETJ), for which the occupancy cost of the room is $2.00 or more per day not including the cost of food served by the hotel and the cost of personal services performed by the hotel for the person except for those services related to cleaning and readying the room for use or possession. (b) Such occupancy tax shall be seven percent of the consideration paid for such sleeping room. The tax shall not apply to a person who is a permanent resident of the sleeping room or who is otherwise exempt from paying the tax pursuant to V.T.C.A., Tax Code §§ 156.001 et seq. and 351.001 et seq.

Full Breakdown

City Code § 44-83 defines a taxable 'hotel' broadly: a hotel, motel, tourist home, tourist house, tourist court, lodginghouse, inn, roominghouse, or bed and breakfast, but not a hospital, sanitarium, nursing home or dormitory. That sweeps in short-term rentals operating as lodginghouses. 'Occupancy' means use of a sleeping room for less than 30 consecutive calendar days; longer stays are treated as permanent residence and exempt under § 44-84(b). Every person owning, operating, managing or controlling a hotel in Kyle or its ETJ must collect the 7% tax (§ 44-85) and keep records for five years by calendar year showing consideration paid and tax due (§ 44-86(2)).

A quarterly report to the city secretary and payment of the tax collected are both due on or before the last day of the month following each calendar quarter (§§ 44-86(3), 44-87). Filing or paying late adds a 5% penalty (§ 44-88), and unpaid tax draws 1% interest per calendar month starting 60 days after the quarter's due date (§ 44-89). If the city attorney sues to collect, the delinquent hotel owes the city's attorney's fees, audit costs and a 15% penalty on the amount owed (§ 44-90), and the city manager's referral to the city attorney tacks on another 15% before suit is even filed (§ 44-91). The city, or the state comptroller at the city's request, may audit any hotel's records (§ 44-92).

Violations & Fines

Failing to collect, report or pay the tax, or failing to maintain records, is a misdemeanor under § 44-96, punishable by a fine of up to $500 for each offense; a separate offense arises for each failure and each day it continues. The city attorney may also sue to enjoin a noncompliant hotel from operating until the tax is paid or the report filed, adding attorney's fees, audit costs and a 15% penalty (§§ 44-90, 44-91).

Frequently Asked Questions

Does Kyle's hotel occupancy tax apply to Airbnbs and other short-term rentals?
Yes. City Code § 44-83 defines a taxable 'hotel' to include a tourist home, tourist court, lodginghouse, inn, roominghouse or bed and breakfast, not just traditional hotels and motels. Any short-term rental that rents a sleeping room for consideration for stays under 30 consecutive days in Kyle or its extraterritorial jurisdiction owes the 7% tax under § 44-84.
What is Kyle's hotel occupancy tax rate?
The rate is 7% of the consideration paid for the sleeping room, set by City Code § 44-84(b). It applies on top of the state hotel occupancy tax, and covers any room charged $2.00 or more per day, excluding food and cleaning-related services.
When are hotel tax reports due in Kyle?
Every hotel operator must file a report with the city secretary and pay the tax collected on or before the last day of the month following each calendar quarter, per §§ 44-86(3) and 44-87. Filing or paying late adds a 5% penalty under § 44-88, plus 1% monthly interest starting 60 days after the due date under § 44-89.
What happens if a Kyle hotel doesn't pay the occupancy tax?
Failure to collect, report, pay the tax or keep records is a misdemeanor punishable by a fine of up to $500 per offense under § 44-96, with each day a separate violation. The city attorney can also sue to collect the tax and enjoin the hotel from operating, adding attorney's fees, audit costs and a 15% penalty under §§ 44-90 and 44-91.

Sources & Official References

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