Newark, OH Hotels & Lodging: Transient Occupancy Tax (2026)
Key Facts
- Tax rate
- 3% of the amount paid for the lodging
- Hotel threshold
- Five or more rooms used for guests
- Transient accommodation threshold
- Four or more rooms used for guests
- Transient guest
- Occupies a room for less than 30 consecutive days
- Return due
- Last day of the next following month
- Late filing forfeit
- $100 for each day
- Records retention
- Four years
Summary
In the City of Newark, Ohio, Chapter 892 imposes a Hotel Lodging Excise Tax of 3% of the amount a transient guest pays for lodging. The hotel or transient accommodation owner collects it from the guest, registers with the City Treasurer, and files returns with the Income Tax Administrator.
(a) For the purpose of providing revenue with which to meet the needs of the City in its goal of assisting in the improvement and enhancement of local athletic facilities and other facilities dedicated to events determined to have significant economic and tourism-specific benefits so as to promote tourism and stimulate local business within the City, an excise tax is hereby levied on transactions by which lodging by a hotel or transient accommodation is or is to be furnished to transient guests. (b) The tax is 3% of the amount paid or to be paid by the transient guest for the lodging. The tax applies and is collectible at the time when the price is paid. (c) For the purpose of the proper administration of this chapter, and to prevent the evasion of the tax, it is presumed that all lodging furnished by hotels or transient accommodations in this City to transient guests is subject to the tax until the contrary is established.
Full Breakdown
Newark City Council enacted the tax in Ordinance 10-3, passed 3-15-10, and Section 892.04 started collection on the first day of July, 2010, continuing until repealed or otherwise modified. Section 892.02(a) states the purpose: revenue for the improvement and enhancement of local athletic facilities and other facilities dedicated to events with significant economic and tourism-specific benefits.
Coverage turns on room count. Section 892.01 defines a hotel as an establishment with five or more rooms used for guest sleeping accommodations, and a transient accommodation as one with four or more such rooms, whether the rooms are in one structure or several. A transient guest is a person occupying a room or rooms for less than 30 consecutive days. The vendor is the owner or operator who furnishes the lodging. The chapter never uses the phrase short-term rental, so a rental home reaches the tax only if it meets the four-room transient accommodation definition and is held out to the public.
The guest pays the vendor, and each vendor must collect the full and exact amount of tax on each taxable lodging (Section 892.03). A guest claiming an exemption has to furnish a certificate stating the reason, and without a certificate the tax is presumed to apply. Under Section 892.02(d), a hotel or transient accommodation business registers with the office of the Treasurer within 30 days of commencing business and notifies the Treasurer in writing of any liquidation, bankruptcy, merger or change of ownership.
Returns are due on or before the last day of the next following month for the preceding month, on forms prescribed by the Tax Administrator, with payment (Section 892.07). The Tax Administrator can authorize less frequent filing in writing. Vendors preserve records and invoices for four years (Section 892.06). Applications for a refund of an illegal or erroneous payment go to the Tax Administrator within 90 days from the date the tax is paid (Section 892.05).
Violations & Fines
A vendor who fails to file a return forfeits one hundred dollars ($100.00) for each day, and each day is a separate offense (Section 892.07). The Treasurer also imposes a penalty of not more than 1.5% per month or fraction thereof on late payments and holds sole discretion to abate any fee, penalty or interest. A vendor who collects the tax and fails to remit it is personally liable for the amount collected (Section 892.08). Section 892.14 sets a fine of not less than $100 for a first offense and $100 to $500 and/or up to 30 days in jail for each later offense.
Frequently Asked Questions
What is the hotel tax rate in Newark, Ohio?
Does the Newark lodging tax apply to a short-term rental?
Who collects the tax and when are returns due?
How does a Newark hotel or lodging operator register?
Can a guest or vendor get a refund of Newark lodging tax?
Sources & Official References
Other rules in Newark
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