Showing results for Texas, US
Put your state. In my state “grocery items” are not taxed, but any soda is and any “prepared” foods are. So in my state the coke and the brisk would be taxable, not sure about Gatorade but probably not, and if the sandwich was pre -made/prepared by the store it would be taxed. Answer from sunglasses90 on reddit.com
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Texas Comptroller
comptroller.texas.gov › taxes › publications › 96-280.php
Grocery and Convenience Stores - Texas Comptroller
Snack items that are not individual-sized are not taxable, unless sold as a part of a meal. ... Breakfast bars, granola bars, nutrition bars, sports bars, protein bars and yogurt bars (unless labeled and marketed as candy). Chips, crackers, hard pretzels, pork rinds and corn nuts.
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Speedway
cspdailynews.com › regulation-legislation › texas-changes-snack-taxes
Texas Changes Snack Taxes
July 5, 2013 - No tax is due on cartons or bags containing several single-sized servings of snacks. In addition, single-sized servings of other groceries are not taxable unless sold by a restaurant or business that provides tables and chairs.
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Avalara
avalara.com › blog › en › north-america › 2023 › 10 › size-matters-when-taxing-snacks-in-texas-wacky-tax-wednesday.html
Size matters when taxing snacks in Texas — Wacky Tax Wednesday
September 22, 2025 - Texas sales tax applies to “snack items” that are sold “in individual-sized portions.” Under Texas law, “individual-sized portion” means a portion that: ... Snack items that are not sold in “individual-sized portions” are not taxable.
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Sales Tax Institute
salestaxinstitute.com › home › resources › texas potato chips individually bagged and medicine individually packaged possibly exempt.
Texas potato chips individually bagged and medicine individually packaged possibly exempt. - Sales Tax Institute
March 8, 2018 - Individual bags of potato chips are exempt at a grocery store if purchased at the main checkout line, even if the store has a deli with an eating area. The same bag of potato chips would be taxable if bought at the deli in the grocery store. Over-the-counter medicines like Tylenol sold in ...
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Reddit
reddit.com › r/tax › every time i go to the store, i notice i get taxed on items that are tax exempt in my state. is there anything i can do?
r/tax on Reddit: Every time I go to the store, I notice I get taxed on items that are tax exempt in my state. Is there anything I can do?
July 18, 2022 - In Texas, the size of the food item matters as well. A single serving item (such as a small bag of chips) is taxable, but if you buy a a larger bag or even a box of small bags of chips, it is not.
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FindLaw
codes.findlaw.com › tx › tax-code › tax-sect-151-314
Texas Tax Code - TAX § 151.314 | FindLaw
(h) The exemption provided by Subsection (a) does not apply to a snack item if the item is sold through a vending machine or is sold in individual-sized portions. For purposes of this subsection, an individual-sized portion is a portion that: (1) is labeled as having not more than one serving; or ... Cite this article: FindLaw.com - Texas Tax Code - TAX § 151.314.
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Tax Foundation
taxfoundation.org › home › data › sales taxes on soda, candy, and other groceries, 2018
Sales Taxes on Soda, Candy, and Other Groceries, 2018 | Tax Foundation
July 24, 2023 - Pixy Stix,® composed of sugar and artificial flavors, are usually tax-exempt since they are not packaged as “bars,” “drops,” or “pieces.”[13] Meanwhile, Cracker Jacks® and kettle corn are taxed like candy because they are prepared with sweeteners and nuts in the form of “pieces,” and dried fruit is considered candy if sweetener is added.[14] Marshmallows are generally treated like candy because they are sold in “piece” form, but marshmallow crème is tax-exempt. While the SSUTA’s candy definition makes no distinction for baking ingredients, some non-SSTP states, including Connecticut and Texas, reserve tax-exempt status for baking chocolate or similar products marketed for use in baking.[15]
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Legal Information Institute
law.cornell.edu › lii › state regulations › texas administrative code › title 34 - public finance › part 1 - comptroller of public accounts › chapter 3 - tax administration › subchapter o - state and local sales and use taxes › 34 tex. admin. code § 3.293 - food; food products; meals; food service
34 Tex. Admin. Code § 3.293 - Food; Food Products; Meals; Food Service | State Regulations | US Law | LII / Legal Information Institute
Other examples include cake boxes, lunch boxes, disposable cups, paper and plastic containers, bottle wraps, butter chip trays, disposable paper or plastic plates, plastic knives, forks, and spoons, paper napkins, soda straws, toothpicks, french fry boxes, stir sticks, ice cream sticks, disposable souffle cups, hot dog trays, and other types of disposable trays. (6) A person processing food for sale is a manufacturer and may claim a sales or use tax exemption on purchases of equipment and other taxable items that qualify for exemption under Tax Code, § 151.318.
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Zillionforms
zillionforms.com › 2003 › P57018.PDF pdf
What is Taxable at Grocery and Convenience Stores January 2001 Fast Food
"Newspapers" are defined as publications: ... Sales tax must be collected on magazines. ... Sales tax must be collected on phone cards. ... All retailers must collect the state sales tax on taxable items. Depending on your location, you also may be required to collect local tax for cities, counties, special purpose districts, or · transit authorities. The brochure, Texas Sales and Use Tax Rates (publication #96-132), lists
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Zamp
zamp.com › home › 2025 guide to texas sales tax
2025 Guide to Texas Sales Tax
September 4, 2025 - ... Bakery items (non-taxable when sold at a grocery and convenience store without eating utensils or heated). For example, items like bagels, cookies, and strudels. This includes baking supplies like almond paste, marzipan, and baking chocolate ...
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Texas Accountant
texasaccountant.us › tax › groceries-and-essentials-taxable
Are Groceries and Essentials Taxable in Texas?
2 weeks ago - ... Pet food, paper goods, cleaning products, and household supplies are taxable. Example: A $50 grocery bill that includes soft drinks, chips, and cleaning supplies would be taxed at your local combined sales tax rate, such as 8.25%.
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Legal Beagle
legalbeagle.com › 6872751-texas-food-sales-tax-laws.html
Texas Food Sales and Tax Laws | Legal Beagle
May 18, 2020 - There are some exceptions to this rule. If someone sells any of these baked goods with eating utensils, those items are taxable. It doesn't matter if they are individual or whole portions – utensils change their definition to prepared food.
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Ddhtax
ddhtax.com › home › blog › texas sales tax & restaurants: what’s taxable?
Texas Sales Tax & Restaurants: What’s Taxable? - Davis & Davis LLC
February 4, 2025 - This includes: Dine-In & Takeout ... than 50% real fruit juice, and alcoholic drinks are taxable. Snacks & Packaged Foods – If sold in a restaurant or similar setting, items like chips......
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PubMed Central
pmc.ncbi.nlm.nih.gov › articles › PMC10262384
US Policies That Define Foods for Junk Food Taxes, 1991–2021 - PMC
A Texas law (2013) confirms its definition of food not subject to sales taxes in retail establishments includes specific snack foods defined by Product Categories (e.g., granola, chips, pretzels, ice cream, seeds), except the same list of snack foods are taxed if they are sold through vending ...
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JustAnswer
justanswer.com › consumer-protection-law › 27pql-food-taxes-texas-know-three-cafe-s-charging.html
Understanding Food Taxes in Texas: Expert Q&A
Bagged chips sold as snack foods are generally taxable, while fresh food served daily at cafes may be exempt if considered grocery items. Taxability depends on how the food is sold—prepared for immediate consumption or packaged for home use.
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Texastaxconsultinggroup
texastaxconsultinggroup.com › home › texas convenience store sales tax
Texas Convenience Store Sales Tax - Texas Tax Consulting Group
August 21, 2023 - Ice is taxable, but ice cream isn’t. Is there an easy to understand the formula used here? Sadly, no; everyone should acquaint themselves with the extensive information available on the Texas Comptrollers website. There is a comprehensive list of taxable versus non-taxable convenient store items outlined there.
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Texas Comptroller
comptroller.texas.gov › taxes › publications › 94-117.php
Restaurants and the Texas Sales Tax
Kitchen processing equipment, excluding hand tools, used to prepare food or beverages for sale is not taxable. Qualifying equipment includes: ... Repair labor and replacement parts for exempt processing equipment are also exempt, provided the equipment has not been incorporated into realty.
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Texas Education Agency
txrules.elaws.us › rule › title34_chapter3_sec.3.293
SECTION 3.293. Food; Food Products; Meals; Food Service, SUBCHAPTER O. STATE AND LOCAL SALES AND USE TAXES, CHAPTER 3. TAX ADMINISTRATION, PART 1. COMPTROLLER OF PUBLIC ACCOUNTS, TITLE 34. PUBLIC FINANCE, Texas Administrative Code
Other examples include cake boxes, lunch boxes, disposable cups, paper and plastic containers, bottle wraps, butter chip trays, disposable paper or plastic plates, plastic knives, forks, and spoons, paper napkins, soda straws, toothpicks, french fry boxes, stir sticks, ice cream sticks, disposable souffle cups, hot dog trays, and other types of disposable trays. (6) A person processing food for sale is a manufacturer and may claim a sales or use tax exemption on purchases of equipment and other taxable items that qualify for exemption under Tax Code, §151.318.
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TaxJar
taxjar.com › resources › blog › food › is there a food tax in texas?
Is there a food tax in Texas? - TaxJar
September 12, 2025 - In general, grocery items are tax-exempt in Texas. This includes bread, milk, produce, etc. However, Texas considers many “snack items” or other sweet treats to be taxable.
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Texas.Public.Law
texas.public.law › statutes › tax code › title 2 › subtitle e › chap. 151. ltd. sales, excise, & use tax › § 151.314
Texas Tax Code Section 151.314 – Food and Food Products
Food products for human consumption are exempted from the taxes imposed by this chapter. "Food products" shall include, except as otherwise provided…