Hotel Occupancy Tax
Hotel Occupancy Tax
Hotel Occupancy Tax Ordinance
On May 18, 2021, the Caldwell City Council amended Chapter 11.04 – Hotel Occupancy Tax Ordinance of the City’s Code of Ordinances. This ordinance outlines the responsibility for collecting and remitting the Hotel Occupancy Tax (HOT) for all applicable lodging providers within the city limits.
Who Must Collect the Tax?
Any individual or business that owns, operates, manages, or controls a:
Any individual or business that owns, operates, manages, or controls a:
- Hotel or Motel
- Short-Term Rental (STR) – including properties listed on platforms like VRBO, HomeAway, or Airbnb
- Or collects payment for the use or possession of a hotel room or STR
...is required to collect the tax on behalf of the City of Caldwell.
Hotel Occupancy Tax Rates
City of Caldwell HOT Rate: 7%
State of Texas HOT Rate: 6% (must be remitted separately to the State)
City of Caldwell HOT Rate: 7%
State of Texas HOT Rate: 6% (must be remitted separately to the State)
The combined total tax rate on applicable short-term lodging is 13%.
What Qualifies as a “Hotel”?
For the purposes of this ordinance, a hotel is defined as:
For the purposes of this ordinance, a hotel is defined as:
"Any building in which members of the public obtain sleeping accommodations for consideration."
This includes:
- Hotels and Motels
- Bed and Breakfasts
- Tourist Homes, Tourist Houses, and Tourist Courts
- Inns and Lodging Houses
- Rooming Houses
What is Not Considered a Hotel?
The following types of lodging are exempt from the City’s Hotel Occupancy Tax:
- Hospitals, sanitariums, or nursing homes
- Dormitories or housing owned/operated by institutions of higher education used for educational purposes (as defined by Texas Education Code § 61.003)
- Oilfield portable units, as defined by Texas Tax Code § 152.001
Short-Term Rental (STR) Businesses
A Short-Term Rental Business is defined as:
A Short-Term Rental Business is defined as:
"Any location where sleeping accommodations are provided for consideration."
This includes rental properties advertised or booked through platforms like:
- Airbnb
- VRBO
- HomeAway
Use of Hotel Occupancy Tax Revenue
Revenue generated from the City of Caldwell’s Hotel Occupancy Tax is used to:
- Promote tourism
- Support the local convention and hotel industry
- Enhance marketing and promotional efforts to attract visitors to Caldwell
Questions or Need to File?
For more information or assistance with tax remittance, please contact:
City of Caldwell – Finance Department
979-567-3271 ext. 111
979-567-3271 ext. 111
Instructions for Reporting
All hotel and short-term rental (STR) operators within the City of Caldwell or its ETJ (Extraterritorial Jurisdiction) are required to register, report, and remit Hotel Occupancy Tax (HOT) in accordance with Chapter 11.04 of the Caldwell Code of Ordinances.
Step 1: Register with the City of Caldwell
Step 1: Register with the City of Caldwell
All hotel and STR operators must complete the City of Caldwell Hotel Registration Form annually.
This ensures the City has current and accurate information about your business.
This ensures the City has current and accurate information about your business.
Step 2: File Monthly or Quarterly Reports & Remit Tax
Operators must file a Hotel Occupancy Tax Report and remit the tax either monthly or quarterly, depending on eligibility.
Payments must be made via check payable to:
City of Caldwell
City of Caldwell
Instructions for Completing the Hotel Occupancy Tax Report
Who Must File:
Who Must File:
You are required to file if you are a:
- Sole owner
- Partnership
- Corporation
- Short-term rental host
- Bed & breakfast operator
- Or any entity managing or controlling a hotel, motel, STR, or lodging facility within the City of Caldwell or its ETJ
Important:
Complete and detailed records must be maintained for all receipts, exemptions, and reimbursements. These may be requested for audit or verification purposes.
Complete and detailed records must be maintained for all receipts, exemptions, and reimbursements. These may be requested for audit or verification purposes.
When to File:
Filing Monthly | 20th of the month following the reporting period | April 20 for March activity
Filing Quarterly | 20th of the month following the quarter | April 20 for Q1 (Jan–Mar)
If the due date falls on a weekend or City holiday, the next business day becomes the due date.
Reports must be submitted for every period, even if:
No taxes are due, or
No taxable activity occurred
Filing Quarterly | 20th of the month following the quarter | April 20 for Q1 (Jan–Mar)
If the due date falls on a weekend or City holiday, the next business day becomes the due date.
Reports must be submitted for every period, even if:
No taxes are due, or
No taxable activity occurred
Reporting Requirements
Monthly or Quarterly Reports and Payments Required
Any person or entity required to collect the Hotel Occupancy Tax (HOT) under the City of Caldwell ordinance must:
File a tax report and remit the collected taxes to the City Secretary for the prior reporting period.
What the Report Must Include
The report must show:
File a tax report and remit the collected taxes to the City Secretary for the prior reporting period.
What the Report Must Include
The report must show:
- Total payments received for all room occupancies during the reporting period
- Total tax collected on those room occupancies
- Any other information the City Secretary or designee may reasonably request
The report must be submitted on a form prescribed by the City Secretary or designee.
Who Files Reports
You must file if you:
Own, operate, manage, or control a hotel, motel, short-term rental (STR), or bed & breakfast within the City of Caldwell or its ETJ, and are collecting occupancy payments from guests
Reporting Periods
You must file if you:
Own, operate, manage, or control a hotel, motel, short-term rental (STR), or bed & breakfast within the City of Caldwell or its ETJ, and are collecting occupancy payments from guests
Reporting Periods
The City of Caldwell follows the same reporting schedule as the Texas State Comptroller, in accordance with Section 156.151 of the Texas Tax Code:
Filer TypeReporting PeriodDue DateMonthly Filer | Calendar month | By the 20th of the following month
Quarterly Filer (If qualified) | Calendar quarter | By the 20th of the month following the quarter
Quarterly Filing Eligibility:
If a taxpayer owes less than $500 per month or less than $1,500 per quarter, they may file and pay quarterly instead of monthly. Reports are required even if no tax is due for the period. If the due date falls on a Saturday, Sunday, or City holiday, the due date will be the next business day.
Quarterly Filer (If qualified) | Calendar quarter | By the 20th of the month following the quarter
Quarterly Filing Eligibility:
If a taxpayer owes less than $500 per month or less than $1,500 per quarter, they may file and pay quarterly instead of monthly. Reports are required even if no tax is due for the period. If the due date falls on a Saturday, Sunday, or City holiday, the due date will be the next business day.
Penalties for Non-Compliance
Failure to file reports or remit taxes on time may result in penalties and interest, as outlined in Chapter 11, Article 11.04, Section 11.04.008 of the Caldwell Code of Ordinances.
Tax Levied and Exemption Guidelines
The City of Caldwell levies a Hotel Occupancy Tax (HOT) at the rate of 7.0% on the cost of a hotel room within:
The City limits, and The Extraterritorial Jurisdiction (ETJ) of the City
The City limits, and The Extraterritorial Jurisdiction (ETJ) of the City
This tax applies to any person who pays for the use or possession of a hotel room under a:
- Lease
- Concession
- Permit
- Right of access
- License
- Contract
- Or other agreement
Tax Applies If:
The room costs $2.00 or more per day, and it is ordinarily used for sleeping accommodations
The room costs $2.00 or more per day, and it is ordinarily used for sleeping accommodations
Exemptions from the Tax
The following are not subject to the City’s Hotel Occupancy Tax:
Long-Term Guests
A person who occupies the same hotel room for at least 30 consecutive days, with no interruption in payment
Nonprofit Organizations
A corporation or association organized and operated exclusively for:
Religious, Charitable, or Educational purposes
Must not distribute net earnings to any private shareholder or individual
United States Government
The U.S. Government, its agencies, and Officers or employees of the United States, when traveling on official business
State of Texas (with exceptions)
Per Section 156.103 of the Texas Tax Code, most Texas state agencies must pay the tax but may apply for a refund
Exception: Institutions of higher education, as defined by Texas Education Code § 61.003, may be exempt
Requesting a Refund (If Applicable)
If you or your organization qualify for a tax exemption but were charged, you may request a refund:
Submit an application for refund using the form prescribed by the City of Caldwell; Include supporting documentation as required
The following are not subject to the City’s Hotel Occupancy Tax:
Long-Term Guests
A person who occupies the same hotel room for at least 30 consecutive days, with no interruption in payment
Nonprofit Organizations
A corporation or association organized and operated exclusively for:
Religious, Charitable, or Educational purposes
Must not distribute net earnings to any private shareholder or individual
United States Government
The U.S. Government, its agencies, and Officers or employees of the United States, when traveling on official business
State of Texas (with exceptions)
Per Section 156.103 of the Texas Tax Code, most Texas state agencies must pay the tax but may apply for a refund
Exception: Institutions of higher education, as defined by Texas Education Code § 61.003, may be exempt
Requesting a Refund (If Applicable)
If you or your organization qualify for a tax exemption but were charged, you may request a refund:
Submit an application for refund using the form prescribed by the City of Caldwell; Include supporting documentation as required
Important Notes
Hotels and STR operators are required to collect the tax at the time of payment, unless valid exemption documentation is presented
Documentation must be retained to support all exemption or refund claims
Failure to collect, report, or remit tax properly may result in penalties and interest
Hotels and STR operators are required to collect the tax at the time of payment, unless valid exemption documentation is presented
Documentation must be retained to support all exemption or refund claims
Failure to collect, report, or remit tax properly may result in penalties and interest
Penalties and Interest
To remain in compliance with Chapter 11.04 of the Caldwell Code of Ordinances, all hotel and short-term rental operators must file timely reports and remit taxes due. Even if no tax is due, a report must still be filed for the applicable reporting period.
You may incur penalties if you:
- Fail to file a report by the required due date
- Fail to pay the tax due by the required due date
- Submit false information on a report
- Fail to notify the City of Caldwell when purchasing a hotel, as required under Section 11.04.005
Late Payment Penalties & Interest Schedule
Time After Due Date Penalty or Interest 1 – 30 Days Late | Tax Due + 5% Penalty
31+ Days Late | Tax Due + 10% Annual Interest
Note: Penalties and interest are calculated in addition to the full amount of tax collected.
Reminder:
Reports are due monthly or quarterly, depending on your filing status.
Reports must be submitted even if there is no taxable activity or no payment due for that period.
Time After Due Date Penalty or Interest 1 – 30 Days Late | Tax Due + 5% Penalty
31+ Days Late | Tax Due + 10% Annual Interest
Note: Penalties and interest are calculated in addition to the full amount of tax collected.
Reminder:
Reports are due monthly or quarterly, depending on your filing status.
Reports must be submitted even if there is no taxable activity or no payment due for that period.
Purchasing a Hotel
When a hotel or short-term rental business is sold, both the buyer and seller have important responsibilities under the City of Caldwell’s Hotel Occupancy Tax Ordinance (Chapter 11.04).
Buyer’s Responsibility: Tax Withholding
If you are purchasing a hotel, you must:
Withhold a portion of the purchase price sufficient to cover any outstanding Hotel Occupancy Taxes owed by the seller until one of the following is provided by the seller:
A receipt issued by the City showing all taxes due have been paid OR a certificate issued by the City stating that no taxes are due
Failure to withhold taxes due:
If you do not withhold the amount needed to cover any outstanding tax, you become liable for the unpaid taxes — up to the full value of the purchase price.
How to Request a Tax Clearance Certificate
As the purchaser, you may file a written request with the City to obtain:
If you are purchasing a hotel, you must:
Withhold a portion of the purchase price sufficient to cover any outstanding Hotel Occupancy Taxes owed by the seller until one of the following is provided by the seller:
A receipt issued by the City showing all taxes due have been paid OR a certificate issued by the City stating that no taxes are due
Failure to withhold taxes due:
If you do not withhold the amount needed to cover any outstanding tax, you become liable for the unpaid taxes — up to the full value of the purchase price.
How to Request a Tax Clearance Certificate
As the purchaser, you may file a written request with the City to obtain:
- A Certificate of No Tax Due, or a Statement of Outstanding Taxes that must be paid before a certificate can be issued
- The City of Caldwell will issue the certificate or tax statement within 60 days of receiving your request.
- If the City does not respond within 60 days, you are released from your obligation to withhold funds or pay any taxes due.
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