Use and Occupancy Tax | Services (2024)

Due date

25th

of each month, for the same month's activity

Tax rate

1.21%

of the assessed value of the property, with a $2,000 annual tax exemption

You must complete online returns and payments for this tax on the Philadelphia Tax Center. For help getting started, see our tax center guide.

Get an account or pay now

Who pays the tax

You have to pay the Use and Occupancy (U&O) Tax if:

  • Your business is physically located in Philadelphia.
  • You operate your business from your Philadelphia residence.
  • You, your tenants, or your sub-tenants use your Philadelphia property for business purposes.

Any owner or landlord whose property is used for business purposes is responsible for filing and paying this tax. The owner or landlord must collect the tax from tenants and pay it to the City, along with any tax for which the owner or landlord is liable.

Anyone responsible for filing a return and paying the tax must do so whether or not they receive a tax return.

Important dates

Use and Occupancy Tax must be filed and paid monthly on the 25th of each month. If the 25th falls on a weekend or holiday, the return is due on the first business day after the 25th.

For exact due dates, you can refer to the Use and Occupancy Tax schedule of due dates.

Tax rates, penalties, & fees

How much is it?

Use and Occupancy Tax rate is 1.21% of the assessed value of a property, with a $2,000 annual tax exemption for years after fiscal year 2013.

If there are multiple businesses using or occupying the same property, the $2,000 tax exemption is divided equally among them. Landlords must inform tenants of the number of users or occupiers of the property so they’re aware of how the exemption should be divided.

If your property was recently reassessed, you may owe a higher Use and Occupancy tax.

TheOffice of Property Assessmentdetermines the value of your property. If you disagree with your property assessment, you canfile an appeal with the Board of Revision of Taxes (BRT).Appeal applications are due by the first Monday in October prior to the tax year for which you are requesting a revision.

What happens if you don't pay on time?

If you don’t pay on time, interest and penalties will be added to the amount you owe.

For more information about rates, see ourInterest, penalties, and fees page.

If you accrue interest over $15,000 or penalty over $35,000, you may qualify for a waiver of interest and penalty above these amounts. To apply, you’ll need to complete a Petition for tax appeal through the City’sTax Review Board.

Discounts & exemptions

Are you eligible for a discount?

If you are responsible for collecting Use and Occupancy Tax from tenants, you can receive a 1% discount on the total tax if the payment is submitted on or before the 25th of the month the tax is due.

However, if you are the owner of the property and owe a portion of the tax because you operate a business there, the discount cannot be applied to your portion.

Can you be excused from paying the tax?

No. You can’t be excused from paying the tax. However, portions of your property may be excluded from the assessed value when determining the Use and Occupancy Tax. This results in a lower total tax amount owed. Exemptions include:

  • The portion of real estate used for living space. Residential rental activity is not subject to the tax. When a tenant uses the property as both a residence and a place of business, only the area used for living space is exempt from the tax.
  • Real estate subject to the Pennsylvania Sales, Use, and Hotel Occupancy Tax.
  • The portion of real estate used for nonprofit business purposes. To be excused from collecting tax from a nonprofit, a landlord must obtain a copy of the nonprofit’s Federal Exemption Notice. The landlord must submit this document with the first tax return filed after receiving it.
  • The portion of real estate used for port-related activities like piers, wharves, and marine terminal facilities. Exempt property areas must touch or enter either the Delaware or Schuylkill River and fall within City limits.
  • Vacant commercial properties, or portions of commercial properties that are not currently in business use.

Exemptions are not granted automatically. You must report them when you file a Use and Occupancy Tax return.

How to pay

File and pay online

You must file and pay Use and Occupancy Tax electronically on the Philadelphia Tax Center. We no longer accept coupons or mailed checks.

You must file short monthly returns for this tax moving forward.

You can pay this tax online without creating a username and password. Nevertheless, you must be logged in to file your Use & Occupancy Tax return. If you haven’t done so already, you must create a username and passwordto file this tax on the Philadelphia Tax Center.

You can choose to pay and file your return later or complete both at the same time while logged in.

Tax code

84

Forms & instructions

Change form: Update or close a tax account

Use and Occupancy Tax due dates

Use and Occupancy Tax regulations

Related content

  • Board of Revision of Taxes (BRT) appeals
  • Office of Property Assessment (OPA)
  • Historic tax rate schedule
Use and Occupancy Tax | Services (2024)

FAQs

Who pays Philadelphia use and occupancy taxes? ›

You have to pay the Use and Occupancy (U&O) Tax if: Your business is physically located in Philadelphia. You operate your business from your Philadelphia residence. You, your tenants, or your sub-tenants use your Philadelphia property for business purposes.

What does occupancy mean on a tax return? ›

“Occupancy” means taking possession of a room(s) for the purpose of dwelling, sleeping or lodging. ( Sec. 4.72.020 E Definitions)

What is occupancy tax in Texas? ›

Rates. The state hotel occupancy tax rate is 6 percent (. 06) of the cost of a room. Cities and certain counties and special purpose districts are authorized to impose an additional local hotel tax that the local taxing authority collects.

What is occupancy tax California? ›

Transient occupancy tax (TOT) is a voter approved tax collected from lodgers when they rent a house, cabin, motel/hotel room, campsite or RV space in the county for 30 days or less.

Who is exemption from hotel occupancy tax in Pennsylvania? ›

Exemptions. (a) Permanent residents. A permanent resident defined in § 38.3 (relating to definitions), is excluded from Hotel Occupancy Tax liability upon the occupancy of any room or rooms in a hotel for any rental period during which, or at the expiration of which, he is or becomes a permanent resident.

Who pays occupation tax in PA? ›

Occupation taxes are assessed on all residents that hold an occupation. The Occupation Assessment Tax can be a flat tax rate or an assessed value depending on your occupation. How is my occupation value set? Each County in the Commonwealth establishes their own list of occupation codes and the value assigned to each.

What is an example of an occupancy cost? ›

Occupancy costs are those costs related to occupying a space including; rent, real estate taxes, personal property taxes, insurance on building and contents, depreciation, and amortization expenses.

How do you calculate occupancy cost? ›

The formula to calculate the occupancy cost percentage is the ratio between the total occupancy cost and gross sales at the given property, expressed as a percentage. Since the occupancy cost ratio is expressed as a percentage, the output must then be multiplied by 100.

What does occupancy mean and how is it calculated? ›

Occupancy rate is the percentage of occupied rooms in your property at a given time. It is one of the most high-level indicators of success and is calculated by dividing the total number of rooms occupied, by the total number of rooms available, times 100, creating a percentage such as 75% occupancy.

Why do hotels charge taxes? ›

A hotel occupancy tax is a tax placed on each nights' stay at a hotel. You might also encounter this tax as hotel lodging tax, tourist tax, room tax or sales tax. The tax, as all other taxes, was created as a way to increase government revenues.

What states have the highest hotel tax? ›

To illustrate, Connecticut has the highest statewide lodging tax rate at 15% but forbids all local authorities from imposing additional lodging taxes. On the other hand, Oregon imposes a low state lodging rate but does not restrict local taxes.

What is the occupancy tax in Florida? ›

Florida's 6% state sales tax, plus any applicable discretionary sales surtax, applies to rental charges or room rates paid for the right to use or occupy living quarters or sleeping or housekeeping accommodations for rental periods six months or less, often called “transient rental accommodations” or “transient rentals ...

What does occupancy mean on taxes? ›

Occupancy taxes typically apply to short-term lodging rentals, and go by many names, such as hotel tax, hotel/motel tax, lodging tax and transient room tax. The laws that impose these taxes typically define the length of stay subject to the tax.

Why is there a Transient Occupancy Tax? ›

Transient occupancy tax (“TOT”) is levied on the privilege of using a hotel accommodation. The tax was originally designed to compensate local government for the increased public service costs incurred by serving local tourists.

What is occupancy revenue per available room? ›

Revenue per available room (RevPAR) is a performance measure used in the hospitality industry. RevPAR is calculated by multiplying a hotel's average daily room rate by its occupancy rate. RevPAR is also calculated by dividing total room revenue by the total number of rooms available in the period being measured.

Who must pay Philadelphia city tax? ›

The tax applies to payments that a person receives from an employer in return for work or services. All employed Philadelphia residents owe the Wage Tax, regardless of where they work. Non-residents who work in Philadelphia must also pay the Wage Tax.

What is the use tax in Philadelphia? ›

The use tax rate is the same as the sales tax rate: 6 percent state tax, plus an additional 1 percent local tax for items purchased in delivered to or used in Allegheny County and 2 percent local tax for Philadelphia.

What is Philadelphia hotel occupancy tax? ›

Tax rates, penalties, & fees

The City's Hotel Tax rate is 8.5% of the total amount paid by the guest. The hotel operator is responsible for collecting the tax from guests. In addition to the City's Hotel Tax, the Commonwealth of Pennsylvania imposes its own 7% Hotel Tax on the amount paid by the guest.

Who pays real estate transfer tax in Philadelphia? ›

The tax is usually split evenly between the buyer and the seller, but this is not a legal requirement. The City has the right to collect 100% of the tax from either party, so it's in the best interest of the buyer to make sure the tax is paid in full at the closing of the sale.

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