Tracy, CA Hotels & Lodging: Transient Occupancy Tax (2026)
Key Facts
- Tax rate
- 10% of rent charged
- Governing section
- TMC § 8.08.230
- Transient defined as
- 30 consecutive days or less
- Filing frequency
- Quarterly, due end of following month
- Late penalty
- 10% + 10% + 25% for fraud
- Records retention
- 4 years, City-inspectable
Summary
Any transient staying 30 days or less in a Tracy hotel owes a 10% Transient Occupancy Tax on the rent charged, collected by the operator at the time of payment under Tracy Municipal Code § 8.08.230. Operators must register with the City's Tax Administrator, the Finance Director, and remit collected tax quarterly.
8.08.230 - Tax imposed. For the privilege of occupancy in any hotel, each transient or person paying the rent for a transient, shall be subject to and shall pay a tax in the amount of ten (10%) percent of the rent charged by the operator. Such tax shall constitute a debt owed by the transient, to the City, which debt shall be extinguished only by payment to the operator or to the City. The transient or person paying the rent for a transient, shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the occupant ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 69).
Full Breakdown
Tracy Municipal Code § 8.08.190 defines a 'transient' as any hotel occupant for 30 consecutive days or less, counting partial days as full days, unless a written agreement sets a longer stay. Section 8.08.230 sets the tax at 10 percent of the rent charged, due from the transient to the operator at the time rent is paid, or in proportionate installments if rent is paid that way; if the operator never collects it, the Tax Administrator, defined as the City's Finance Director under § 8.08.220, can demand payment directly from the transient.
Every operator must register the hotel and post a Transient Occupancy Registration Certificate in a conspicuous place under § 8.08.250, and must separately state the tax from the room rent on every receipt and never advertise that the tax will be absorbed into the room rate (§ 8.08.240). Returns and full remittance are due by the last day of the month following each calendar quarter, or on a shorter cycle the Tax Administrator sets, and all collected tax is held in trust for the City until remitted (§ 8.08.260).
An operator selling or closing a hotel must notify the Tax Administrator at least 30 days before the transfer and file a final return with any balance due by the same day of the next month (§ 8.08.265). Records supporting the tax must be kept for four years and are subject to City inspection (§ 8.08.300). Overpayments can be refunded or credited on a written claim under penalty of perjury (§ 8.08.310).
Violations & Fines
Late remittance draws a 10 percent penalty, a second 10 percent penalty if still unpaid 30 days after the due date, and interest at 0.5 percent per month on the unpaid tax; a fraud finding by the Tax Administrator adds a further 25 percent penalty on top of both delinquency penalties (§ 8.08.270). An operator who fails or refuses to register, file a return, or who files a false or fraudulent return is guilty of a misdemeanor under § 8.08.330.
Frequently Asked Questions
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Sources & Official References
Other rules in Tracy
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