Shelby County, TN Short-Term Rentals: Host Platform Liability (2026)
Key Facts
- Privilege tax rate
- 5% of rental consideration per transient
- Liable without agreement
- Short-term rental property owner
- Liable with agreement
- Hosting platform (e.g., Airbnb, Vrbo)
- Enacted
- Ord. No. 488, effective August 13, 2018
- Program funding backstop
- Up to 20% of tax revenue
- Applies only in
- Unincorporated Shelby County
Summary
Shelby County makes a hosting platform like Airbnb or Vrbo solely liable for collecting and remitting the county's occupancy and sales taxes once it signs a voluntary collection agreement with the county. Without that agreement, Code § 8-807(a) puts the collection duty back on the short-term rental property owner for every taxable transaction.
A hosting platform, under a voluntary collection agreement with the county, which facilitates a transaction between a permit holder and a transient for lodging accommodations shall be solely responsible and liable for collecting and remitting all occupancy and sales taxes to the county; and a permit holder who is not the hosting platform shall not be responsible for collecting and remitting occupancy fees and sales taxes to the county on any transaction for which it has received confirmation that the hosting platform has collected the aforementioned taxes and remitted them to the county, pursuant to a voluntary collection agreement; otherwise, the owners of short term rental properties shall be liable for the collection and remittance of occupancy and sales taxes, if no such voluntary collection agreement between the hosting platform and the county has been executed.
Full Breakdown
Shelby County Code § 8-807 splits tax-collection responsibility between hosting platforms and property owners. Under subsection (a), a hosting platform that has entered a voluntary collection agreement with the county "shall be solely responsible and liable for collecting and remitting all occupancy and sales taxes to the county," and a permit holder who is not the hosting platform is off the hook once it has confirmation the platform has already collected and remitted those taxes. " Subsection (b) sets the underlying privilege tax at 5 percent of the consideration charged by the owner for each transient's occupancy, collected under chapter 40, article II (§§ 40-19 through 40-28) of the county code.
Revenue from STR permits also funds the program itself: initial and renewal permit fees pay for "the actual costs of administration of the permitting and inspection program," and if that is not enough, up to 20 percent of the privilege-tax revenue backfills those costs. The rule was enacted by Ord. No. 488, Exh. A, effective August 13, 2018, as part of the county's first short-term rental ordinance. Because Shelby County government only reaches unincorporated areas, this liability rule governs STR bookings outside Memphis, Bartlett, Collierville, Germantown, Millington, Arlington and Lakeland, each of which regulates its own hosts separately.
Violations & Fines
Failing to remit the tax when no collection agreement is in force falls on the owner, not the platform, and the county clerk's office can pursue collection under chapter 40's tax-enforcement powers. A short-term rental operating in violation of the article can also be cited under § 8-811(c): a no-show in general sessions court triggers a default judgment of up to $50.00 plus costs per offense, and unpermitted operation draws a separate fine of up to $50.00 per day per unit under § 8-812.
Frequently Asked Questions
Who pays the occupancy tax on my Shelby County Airbnb, me or Airbnb?
What is the privilege tax rate on short-term rentals in Shelby County?
Does this liability rule apply to renting a room in Memphis?
Sources & Official References
Other rules in Shelby County
Compare Shelby County to another location·View the Tennessee short-term rentals overview
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