Anyone in Milpitas receiving rent for a stay under 31 days must collect a 14% Transient Occupancy Tax (TOT) and remit it monthly to the City. Hosts also pay annual Home Occupation Business License and STR permit fees per the Planning Fee Schedule. Airbnb collects TOT under a City agreement.
Short-term rental hosts in Milpitas have two categories of obligations: taxes and fees. On taxes, anyone in Milpitas who receives rent for a stay of fewer than 31 days must collect a Transient Occupancy Tax (TOT). The current TOT rate in Milpitas is 14%. The STR ordinance requires the host/operator to collect, report, and pay TOT on a monthly basis to the City, based on the gross receipts of rented stays. TOT returns and payments are due on or before the last day of the month following the close of each calendar month, and the City processes filings and payments through its online portal at milpitas.hdlgov.com (which carries transaction fees ranging from about $1.25 to $25 depending on payment method). Milpitas has a TOT collection agreement with Airbnb: if a host lists ONLY on Airbnb, Airbnb may collect and remit the TOT, but the host still must follow the City's reporting obligations on earnings. Hosts listing on other platforms (such as Vrbo or HomeToGo) must collect and remit the TOT themselves. Rentals to the same visitors for more than 30 consecutive nights are not subject to TOT. On fees, hosts pay for a Home Occupation Business License renewed annually, a Short-Term Rental permit also renewed annually, and the monthly occupancy tax payments. Current application and renewal fee amounts are set in the City's Planning Fee Schedule.
Failure to collect, report, or remit the 14% Transient Occupancy Tax on short-term stays, or failure to file the monthly TOT return by the last day of the following month, is a violation enforceable by the City. The City's short-term rental penalties of at least $1,000 per day per dwelling unit apply to STR violations generally, accruing from the issuance of a Notice of Violation until abated. Relying on an Airbnb collection agreement does not relieve a host of the duty to meet the City's reporting obligations, and hosts who list on platforms without a City agreement remain personally responsible for collecting and remitting the full TOT.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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Under California SB 1383, Milpitas residents must keep food scraps and yard trimmings out of the landfill. The City and Milpitas Sanitation provide a split g...
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Milpitas does not ban artificial turf, and California Civil Code 4735 prevents HOAs from prohibiting synthetic grass. However, the City's zoning code treats ...
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Milpitas has adopted a Water Efficient Landscape ordinance (Title VIII, Chapter 5; Ordinance 238) implementing California's state MWELO. Permitted new and re...
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Milpitas does not prohibit residential rainwater harvesting. California law lets homeowners capture rooftop rainwater for outdoor use without a water right, ...
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Under the Milpitas Water Conservation Ordinance (Title VIII, Chapter 6), outdoor irrigation is limited to four designated days per week, only before 9 a.m. a...
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Milpitas runs an annual Weed Abatement Program treating accumulated weeds, dry grass, and combustible vegetation as a fire and safety nuisance. Owners must c...
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