Tustin, CA Hotels & Lodging: Transient Occupancy Tax (2026)
Key Facts
- Tax rate
- 13% of rent charged
- Governing section
- Tustin City Code § 2703
- Transient defined as
- Stay of 30 consecutive days or less
- Registration deadline
- Within 30 days of opening
- Late penalties
- 10% + 10% + 25% for fraud
- Interest on unpaid tax
- 0.5% per month
- Appeal window
- 15 days to City Council
Summary
Every transient guest of a Tustin hotel pays a 13 percent tax on the rent charged, collected by the operator under Tustin City Code Section 2703. The code's 'hotel' definition is broad, sweeping in motels, bed and breakfasts, time-share rental units and other similar short-term lodging, and 'transient' covers any stay of thirty consecutive days or less.
"Hotel" - the term hotel shall mean any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, hostel, bed and breakfast, time-share project rental unit, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. ... 2703 - TAX IMPOSED For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of thirteen percent (13%) of the rent charged by the operator. The tax constitutes a debt owned by the transient to the City which is extinguished only by payment to the operator or to the City. ... The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel.
Full Breakdown
Tustin City Code Chapter 7, the Uniform Transient Occupancy Tax Law Chapter, imposes a 13 percent tax on rent charged for occupancy in any 'hotel,' a term defined in Section 2702 to include hotels, inns, motels, studio and bachelor hotels, lodging and rooming houses, apartment houses, hostels, bed and breakfasts, time-share project rental units, dormitories, and mobile homes or house trailers at a fixed location. A 'transient' is anyone occupying a room for thirty consecutive calendar days or less; any break in occupancy restarts the thirty-day clock.
Under Section 2703 the operator collects the tax when rent is paid and remains liable for it even if never collected from the guest. Section 2706 requires every operator to register with the City Treasurer within thirty days of opening (originally by June 1, 1978) and post a Transient Occupancy Registration Certificate on the premises; Section 2707 requires a return and full remittance by the last day of the month following each calendar quarter. Section 2704 exempts federal and state officers and employees on official business, foreign government officers exempt by treaty, and occupancies the City lacks power to tax.
Operators must keep records for three years under Section 2711, and any operator disputing a City Treasurer assessment has fifteen days to appeal to the City Council under Section 2710.
Violations & Fines
Late remittance draws a 10 percent original delinquency penalty under Section 2708(a), plus another 10 percent if still unpaid thirty days later, and a 25 percent penalty on top of both if the City Treasurer finds fraud; unpaid tax also accrues interest of one-half of one percent per month under Section 2708(d). An operator who fails to collect, report or remit the tax faces a City Treasurer assessment based on available information, and, separately, prosecution as a misdemeanor under the general penalty, Section 1121, punishable by up to $1,000 and six months in jail.
Frequently Asked Questions
What is Tustin's hotel occupancy tax rate?
Does Tustin's transient occupancy tax reach short-term rentals?
How do Tustin hotel operators register for the occupancy tax?
What penalty applies if a Tustin hotel remits the tax late?
Sources & Official References
Other rules in Tustin
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