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

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

Key Facts

Tax rate
3% of gross rental receipts
Applies to
hotels, motels, inns, tourist camps, similar lodging
Prerequisite
New Hanover County Tourism Development Authority must exist
Collected by
New Hanover County, not the city
Earliest effective date
February 1, 2003
Nonprofit exemption
charitable/educational/religious lodging exempt

Summary

Wilmington may levy a 3% local occupancy tax on hotel, motel, and similar-lodging rentals under its Charter's Article XVIII, once New Hanover County creates a Tourism Development Authority. The city council sets the rate by resolution after a public hearing, and New Hanover County collects and administers the tax alongside the state's own room tax.

If New Hanover County has created a Tourism Development Authority pursuant to Part VIII of Chapter 908 of the 1983 Session Laws, as amended, the Wilmington City Council may, by resolution, levy a local occupancy tax of three percent (3%) of the gross receipts derived from the rental of any room, lodging, or accommodation furnished by a hotel, motel, inn, tourist camp, or similar place within the city that is subject to sales tax imposed by the State under G.S. 105-164.4(a)(3). This tax is in addition to any State or local sales tax. This tax does not apply to accommodations furnished by nonprofit charitable, educational, or religious organizations when furnished in furtherance of their nonprofit purpose.

Full Breakdown

The Wilmington City Charter's Article XVIII, Sec. S. 4(a)(3). The tax stacks on top of any state or local sales tax and does not reach accommodations a nonprofit charitable, educational, or religious group furnishes in pursuit of its nonprofit mission. Before the council can act, it must hold a public hearing with at least 15 days' public notice detailing the proposed uses of the proceeds, then forward the adopted resolution to the New Hanover County Board of Commissioners and county manager. The tax could take effect no earlier than February 1, 2003, and Sec.

S. 160A-215. Sec. 1(d) directs the net proceeds into a county-held convention center account: if Wilmington has not lined up complete financing and development arrangements for a convention center within three years of the first levy, the county diverts the account to the area's Tourism Development Authority to promote travel and tourism instead; if Wilmington does complete those arrangements in time, the funds flow to the city for the convention center's construction, financing, and operation. Sec. 1(e) requires an annual, audited public report on the tax's receipts and spending.

Violations & Fines

The tax is administered as a straight revenue measure rather than a code-enforcement scheme: Sec. 1(b) applies the collection, administration, and penalty provisions of G.S. 160A-215 to any occupancy tax levied under this section, so a lodging operator who fails to remit the tax faces the same penalties, interest, and collection remedies the state statute imposes on delinquent local occupancy taxes. Each entity handling the proceeds must also publish an annual audited report or risk noncompliance with Sec. 1(e).

Frequently Asked Questions

What is Wilmington's hotel occupancy tax rate?
Up to 3% of gross rental receipts, charged on top of state and local sales tax. The Wilmington City Council sets the rate by resolution under Charter Article XVIII, Sec. 1(a), and the levy only applies once New Hanover County has created a Tourism Development Authority under the 1983 session laws governing the county.
Does the city or the county collect the occupancy tax?
New Hanover County collects and administers the tax, even though the city council authorizes it. Sec. 1(b) applies the collection, administration, and penalty framework of G.S. 160A-215, and the county remits net proceeds quarterly into a dedicated convention center account rather than the city's general fund.
Where does the occupancy tax money go?
Into a county-held convention center account. If Wilmington completes financing and development arrangements for a convention center within three years of the first levy, the county remits the funds to the city for construction and operation; if not, the account instead funds tourism promotion through the area's Tourism Development Authority.
Are short-term rental platforms like Airbnb covered by this tax?
The ordinance taxes any hotel, motel, inn, tourist camp, or similar place whose rental is already subject to the state sales tax under G.S. 105-164.4(a)(3), which reaches short-term accommodation rentals generally. It carves out only rentals furnished by nonprofit charitable, educational, or religious organizations for their nonprofit purposes.

Sources & Official References

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