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Wilmington, DE Hotels & Lodging: Transient Occupancy Tax (2026)

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

Key Facts

Tax rate
2% of room rent
Applies to
hotels, motels, tourist homes
Collected by
hotel/motel operator, monthly
Remitted to
city department of finance
In effect since
October 1, 2003

Summary

Wilmington charges a 2% lodging tax on hotel, motel, and tourist home rooms within city limits, on top of Delaware's state lodging tax, collected by the operator and remitted monthly to the city.

(a)A tax is hereby imposed of two percent of the cost of the rent, in addition to the amount imposed by the state, for any room or rooms in a hotel, motel or tourist home, as defined in 30 Del. C., § 6101, which are located within the boundaries of the city.(b)The tax collected pursuant to this section is imposed on the occupant of the room and collected and remitted monthly by the operator of the hotel, motel or tourist home to the department of finance within 20 days after the end of the calendar month.(c)No lodging tax pursuant to this section shall be imposed for reservations or contracts for lodging that were executed or completed on or before October 1, 2003. (Ord. No. 03-048(sub 2), § 1, 8-21-03)

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 72).

Full Breakdown

Wilmington's lodging tax, Code § 44-157, adds 2 percent to the cost of renting a room in a hotel, motel, or tourist home inside city limits, on top of the separate tax the State of Delaware collects under Title 30 § 6101. The tax falls on the guest, not the property owner, but the hotel or motel operator collects it at checkout and remits the full amount to the city's department of finance within 20 days after the end of each calendar month. Wilmington adopted the tax by ordinance in 2003, and it does not apply to lodging reservations completed on or before October 1, 2003.

Violations & Fines

Operators who fail to collect or remit the 2% lodging tax within 20 days of month's end are liable to the city's finance department for the unpaid tax.

Frequently Asked Questions

Is Wilmington's lodging tax in addition to Delaware's state tax?
Yes. The city's 2% tax is added on top of the separate lodging tax the State of Delaware imposes under 30 Del. C. § 6101; guests pay both.
Who actually pays Wilmington's lodging tax?
The occupant of the hotel, motel, or tourist home room pays it, but the operator collects it and remits it to the city's finance department each month.

Sources & Official References

Other rules in Wilmington

All Wilmington rules

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