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Sandoval 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
License
Required from county clerk before renting
Exemption
Stays of 30+ consecutive days
Exemption
Rent under $2 per day
Late penalty
10% (min $10) plus 12% APR interest
Records retention
3 years, open to inspection
License appeal window
15 days to county commission

Summary

Sandoval County imposes a 5% occupancy tax on gross taxable rent charged at hotels, motels, guest houses, RV parks and other lodging in the unincorporated county. Vendors must hold a county clerk license before renting rooms, collect the tax as trustees, and file monthly returns; stays of 30 or more consecutive days or rent under $2 a day are exempt.

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

The board of county commissioners, pursuant to NMSA 1978, § 3-38-14 et seq., hereby imposes an occupancy tax on vendors for gross taxable rent on lodging within the county and outside of the municipal limits of all county municipalities. The amount of the tax imposed under this article is five percent of gross taxable rent.

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 13).

Full Breakdown

Sandoval County's Lodger's Tax Ordinance (County Code Ch. 36, Art. V) imposes a five percent occupancy tax on gross taxable rent for lodging anywhere in the county outside the limits of Bernalillo, Rio Rancho and the county's other incorporated municipalities. The tax reaches every 'taxable premises' the code lists: hotel, motel, apartment hotel, lodge, guest house, guest ranch, mobile home, RV park, tourist camp and similar lodging (§ 36-96). Before renting a room, a vendor must apply to the county clerk for a license describing the property, its room count and rate schedule; the clerk has ten days to approve or deny, and a denied applicant can appeal in writing to the county commission within 15 days, with further appeal to district court within 30 days of that decision (§ 36-99).

The tax is exempt for guests who have been permanent residents for 30 or more consecutive days, for rent under $2 a day, and for religious, charitable, government, medical or long-term-care lodging (§ 36-100). Vendors collect the tax from guests as trustees for the county, charge it separately from rent, and submit it monthly with the county lodger's tax report alongside the state CRS gross receipts form (§ 36-101), keeping records at the courthouse open to inspection for three years (§ 36-102).

Violations & Fines

Filing a return without paying triggers a penalty of ten percent of the tax due (minimum $10) plus interest at one percent a month, a 12 percent annual rate, starting 15 days after the return is received (§ 36-103). Vendors who refuse to file get an estimated assessment from the county treasurer with the same penalty and interest, and the county may sue for collection, attorney's fees and costs. Failing to pay, remit, report or account for the tax is a separate violation each month of noncompliance (§ 36-97).

Frequently Asked Questions

What is the lodger's tax rate in Sandoval County?
Sandoval County charges a five percent occupancy tax on gross taxable rent for hotels, motels, guest houses, RV parks, and other lodging in the unincorporated county, imposed under County Code § 36-98. The tax applies outside the limits of the county's incorporated cities and towns, and vendors collect it from guests as trustees for the county.
Do I need a license to operate a hotel or short-term lodging business?
Yes. County Code § 36-99 bars any vendor from providing lodging in the county without first obtaining a license from the county clerk. The application must describe the property, its rooms, rates and other services, and the clerk must approve or deny it within ten days of receipt.
Are any stays exempt from the lodger's tax?
Yes. Under § 36-100, the tax does not apply once a guest has been a permanent resident of the premises for 30 or more consecutive days, when rent is less than $2 a day, or for religious, charitable, government, hospital or long-term care lodging.
What happens if a vendor doesn't pay the lodger's tax on time?
The county treasurer adds a penalty of ten percent of the tax (at least $10) and charges interest at one percent per month under § 36-103. If the vendor never files, the treasurer estimates the tax owed from available records and assesses the same penalty and interest before pursuing collection in court.

Sources & Official References

Other rules in Sandoval County

All Sandoval County rules

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