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Otero County, NM Hotels & Lodging: Transient Occupancy Tax (2026)

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

Key Facts

Tax rate
5% of gross taxable rent
Applies outside
Alamogordo, Tularosa, Cloudcroft city limits
Exempt stay length
30+ consecutive days as resident
Exempt daily rent
Under $2 per day
Ad/promotion set-aside
At least half of first 3% tax
Adopted
Ord. No. 24-01 (2024), amended 25-02

Summary

Hotels, motels, cabins and other commercial lodging in unincorporated Otero County pay a 5% occupancy tax on top of gross receipts tax. Otero County Code § 205-66 imposes the tax on the first 30 days of any stay and on temporary lodging beyond 30 days, with narrow exemptions for stays under $2 a day or 30-day-plus residents.

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

There is hereby imposed an occupancy tax of 5% of gross taxable rent for the first 30 days of lodging within the County lying outside the incorporated limits of any municipality of Otero County, paid to vendors. Any temporary lodging in excess of 30 days is hereby imposed an occupancy tax of 5% of gross taxable rent for lodging within the County lying outside the incorporated limits of any municipality of Otero County, paid to vendors. ... If the rent paid by the vendee is less than $2 a day;

Full Breakdown

Otero County's Lodger's Tax Ordinance, adopted by Ord. No. 24-01 in 2024 and amended by Ord. No. 25-02 in 2025, imposes a 5% occupancy tax on gross taxable rent under § 205-66.A. The tax applies to any taxable premises, defined in § 205-65 to include a hotel, motel, apartment hotel, lodge, guest house, guest ranch, mobile home, motor court, trailer park, tourist camp, cabin, or workforce camp, so long as the unit is not the guest's own household or primary residence, located outside the incorporated limits of Alamogordo, Tularosa, or Cloudcroft.

The tax hits both the first 30 days of any stay and, separately, any temporary lodging that runs past 30 days. Section 205-66.C dedicates at least half of the proceeds from the first 3% of the tax, and at least a quarter of the proceeds above 3%, to advertising, publicizing and promoting tourist-related facilities, attractions and events, and § 205-66.E requires that dedicated money be spent within two years of the fiscal year it was collected or it cannot be used at all. Section 205-68 carves out exemptions: the tax does not apply to a vendee who has been a permanent resident of the premises for at least 30 consecutive days or who has a written agreement for at least 30 days of lodging, to rent under $2 a day, to federal, state or political-subdivision institutions, to religious, charitable, educational or philanthropic institutions including their summer camps, to clinics and hospitals, or to privately owned convalescent or aged-care homes.

Violations & Fines

A vendor who fails to collect or remit the 5% occupancy tax owes the tax plus a civil penalty equal to the greater of 10% of the unpaid amount or $100 under § 205-71.A, with interest up to 1% a month if unpaid 15 days after notice. Section 205-72 separately makes failing to pay, remit or account for the tax a criminal offense punishable by a fine of up to $300.

Frequently Asked Questions

How much is Otero County's hotel occupancy tax?
5% of gross taxable rent under Otero County Code § 205-66.A. It applies to hotels, motels, cabins, mobile homes and similar commercial lodging outside Alamogordo, Tularosa and Cloudcroft, covering both the first 30 days of a stay and any temporary lodging that runs past 30 days.
Is a long-term stay exempt from the occupancy tax?
Yes. Section 205-68.A exempts a vendee who has been a permanent resident of the taxable premises for at least 30 consecutive days, or who has a written agreement for at least 30 days of lodging, unless the unit counts as temporary lodging under the ordinance's definition.
Where does the occupancy tax money go?
Section 205-66.C dedicates at least half of the proceeds from the first 3% of the tax, and at least a quarter of anything above 3%, to advertising and promoting tourist facilities and events, and that money must be spent within two years of collection or it cannot be used for any purpose.

Sources & Official References

Other rules in Otero County

All Otero County rules

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