How Are Groceries, Candy, and Soda Taxed in Your State? (2024)

If you’re like many Americans, you’ve been stockpiling bags of chocolate and nougat-based treats to share with trick-or-treaters—or, if you’re like me, to share with yourself. Generously. According to the National Retail Federation, Halloween shoppers plan to spend $2.6 billion on candy in 2019—a whopper of a number.

In other words, there’s no better time for a map looking at how different state sales taxes treat consumable goods like candy, groceries, and soda.

Forty-five states and the District of Columbia levy a state sales taxA tax is a mandatory payment or charge collected by local, state, and national governments from individuals or businesses to cover the costs of general government services, goods, and activities.. Of those, thirty-two states and the District of Columbia exempt groceries from the sales tax baseThe tax base is the total amount of income, property, assets, consumption, transactions, or other economic activity subject to taxation by a tax authority. A narrow tax base is non-neutral and inefficient. A broad tax base reduces tax administration costs and allows more revenue to be raised at lower rates.. Twenty-three states and D.C. treat either candy or soda differently than groceries. Eleven of the states that exempt groceries from their sales taxA sales tax is levied on retail sales of goods and services and, ideally, should apply to all final consumption with few exemptions. Many governments exempt goods like groceries; base broadening, such as including groceries, could keep rates lower. A sales tax should exempt business-to-business transactions which, when taxed, cause tax pyramiding. base include both candy and soda in their definition of groceries: Arizona, Georgia, Louisiana, Massachusetts, Michigan, Nebraska, Nevada, New Mexico, South Carolina, Vermont, and Wyoming.

While 32 states exempt groceries, six additional states (Arkansas, Illinois, Missouri, Tennessee, Utah, and Virginia) tax groceries at a lower, preferential rate. Four of those six states include both candy and soda in the rate applied to those lower-taxed groceries. Arkansas and Illinois exclude soda and candy from the tax preference, taxing them at the standard rate.

The aim of a grocery exemption is to reduce tax burdens on necessities, particularly those which take up a large share of overall consumption for low-income consumers, which obligates states to decide which products are essential. When foods are categorized as necessities based on nutritional value, soda and candy are among the first products to be added to the “taxable” list. This raises obvious questions about a host of other food items like chips, baked goods, and ice cream. In the name of narrowing the exemption to necessities, most states end up excluding certain foods and beverages.

This picking and choosing creates arbitrary and counterintuitive discrepancies that go beyond the bowl of Halloween candy. If you live in New Jersey, it also affects the jack-o-lantern on your front porch. A recent tweet by the New Jersey Division of Taxation reminded consumers that decorative pumpkins are subject to sales tax, but pumpkins intended to be eaten are exempt. This seems to have struck a “gourd” with the public, who have questioned the logic and enforceability of such a carveout.

Some state definitions can make food and candy taxation counterintuitive. Twenty-four states align with the Streamlined Sales and Use Tax Agreement (SSUTA), which determines that candy is different from other sweet foods because it comes in the form of bars, drops, or pieces, and does not contain flour. Base uniformity across states is a good thing, but this particular definition leads to some interesting distinctions: If you bought a Hershey’s® bar, it would be subject to sales tax. If you bought a Twix® bar, it would be tax-free. Similar conundrums appear when you get into the difference in definitions between prepared food and food intended for off-site consumption: a rotisserie chicken would be taxed if it’s heated by a warming device, but untaxed if it’s packaged and refrigerated.

Ultimately, states and consumers alike would benefit from a low, flat-rate sales tax that captures all final consumer products. Such a tax would be easy to administer, providing a stable source of revenue through a neutral and transparent structure.

See Table 1 below for more specific information on how groceries are treated in different states.

Table 1: Sales Tax Treatment of Groceries, Candy & Soda, as of July January 1, 2019

(a) Alaska, Delaware, Montana, New Hampshire, and Oregon do not levy taxes on groceries, candy, or soda. (b) Three states levy mandatory, statewide, local add-on sales taxes: California (1%), Utah (1.25%), and Virginia (1%). We include these in their state sales tax. Source: Bloomberg Tax.

StateState General Sales TaxGrocery TreatmentCandy Treated as Groceries?Soda Treated as Groceries?
Ala.4.00%Included in BaseYesYes
Alaska (a)
Ariz.5.60%ExemptYesYes
Ark.6.50%1.50%NoNo
Calif. (b)8.25%ExemptYesNo
Colo.2.90%ExemptNoNo
Conn.6.35%ExemptNoNo
Del. (a)
Fla.6.00%ExemptNoNo
Ga.4.00%ExemptYesYes
Hawaii4.00%Included in BaseYesYes
Idaho6.00%Included in BaseYesYes
Ill.6.25%1.00%NoNo
Ind.7.00%ExemptNoNo
Iowa6.00%ExemptNoNo
Kans.6.50%Included in BaseYesYes
Ky.6.00%ExemptNoNo
La.4.45%ExemptYesYes
Maine5.50%ExemptNoNo
Md.6.00%ExemptNoNo
Mass.6.25%ExemptYesYes
Mich.6.00%ExemptYesYes
Minn.6.875%ExemptNoNo
Miss.7.00%Included in BaseYesYes
Mo.4.225%1.225%YesYes
Mont. (a)
Nebr.5.50%ExemptYesYes
Nev.6.85%ExemptYesYes
N.H. (a)
N.J.6.625%ExemptNoNo
N.M.5.125%ExemptYesYes
N.Y.4.00%ExemptNoNo
N.C.4.75%ExemptNoNo
N.D.5.00%ExemptNoNo
Ohio5.75%ExemptYesNo
Okla.4.50%Included in BaseYesYes
Ore. (a)
Pa.6.00%ExemptYesNo
R.I.7.00%ExemptNoNo
S.C.6.00%ExemptYesYes
S.D.4.50%Included in BaseYesYes
Tenn. 7.00%4.00%YesYes
Tex.6.25%ExemptNoNo
Utah (b)5.00%1.75%YesYes
Vt.6.00%ExemptYesYes
Va. (b)5.30%2.50%YesYes
Wash.6.50%ExemptYesNo
W.Va.6.00%ExemptYesNo
Wis.5.00%ExemptNoNo
Wyo.4.00%ExemptYesYes
D.C.6.00%ExemptNo No

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How Are Groceries, Candy, and Soda Taxed in Your State? (2024)

FAQs

How Are Groceries, Candy, and Soda Taxed in Your State? ›

Sales of food and beverages for preparation and consumption off- the-premises are exempt from sales tax. Sales of candy, confec- tionery, carbonated soft drinks and beverages (whether or not sold in liquid form) are taxable regardless where they are consumed.

Is there tax on candy in the US? ›

Candy is one of those products that can be taxed differently in different U.S. states. Some states lump candy in with groceries and require the same sales tax rate. (You can read more about the taxability of groceries in each U.S. state here.)

Are groceries taxed in the US? ›

Most states exempt groceries from sales taxes but that's not true across the nation. From Alabama to Virginia, 13 states include food you buy at the store in the retail tax. The rate varies from state to state, and in some the rate paid on food differs from the general sales tax rate.

Is there sales tax on candy in Texas? ›

Like several other states, Texas doesn't consider candy to be a “food product.” So, while food products are generally exempt from sales tax, Texas taxes candy and gum: Bars, drops, taffy, and other confections made of natural or artificial sweeteners.

Is soda taxed in the US? ›

A "soda tax" is generally imposed as a per ounce excise tax on drinks sweetened with sugar. No state currently levies taxes on soda alone, but a few localities do.

Is soda taxable in California? ›

Food and beverage tax in California

California does not have a general sales tax on food and beverages. However, there are excise taxes on some specific items: Soda and other sweetened beverages are subject to an excise tax of 1 cent per ounce.

Is soda taxable in Florida? ›

Soft drinks in Florida are generally taxable, as are any beverage containing fruit or vegetable juice labeled with the word(s) “ade,” “beverage,” “co*cktail,” “drink,” or “fruit or vegetable flavor, flavored, or flavorings.” Malted and ice cream drinks are also taxable.

Which state has no grocery tax? ›

(a) Alaska, Delaware, Montana, New Hampshire, and Oregon do not levy taxes on groceries, candy, or soda.

What state has the highest food tax? ›

Mississippi currently has the highest-taxed groceries in the U.S. The state taxes essential food items at the regular 7% tax rate. Some Mississippi lawmakers proposed reducing the grocery tax, but their efforts haven't been successful so far. Efforts to reduce the state's income tax have been more successful.

What items are usually taxed? ›

Retail sales of tangible items in California are generally subject to sales tax. Examples include furniture, giftware, toys, antiques and clothing.

Is soda taxable in Texas? ›

Soft drinks are taxable and include: Carbonated and non-carbonated, non-alcoholic beverages that contain natural or artificial sweeteners. Canned, bottled, frozen or powdered drinks and drink mixes.

Is candy taxed in Florida? ›

Florida: Sales tax applies to most sales of candy and soda, but grocery foods are generally exempt. Illinois: Candy is subject to the general rate; other grocery foods are subject to a reduced rate of 1%. From July 1, 2022, through June 30, 2023, the 1% sales and use tax on many retail sales of groceries is suspended.

Is candy taxed in Ohio? ›

Candy is still food. Therefore, candy and breath mints are not taxable. L) Are ingredients used in baking taxable? Ingredients used in baking goods that are consumed by humans for taste or nutritional value are not taxable as food.

Should there be a tax on soda and junk food? ›

They think a "junk food tax” could have a huge—and beneficial—effect on public health. Their article in the American Journal of Public Healthstates that healthier diet choices mean discouraging people from eating burgers, soda, and potato chips, and financial incentives might be the best way to accomplish this.

When did soda taxes start? ›

American cities began enacting SSB taxes in 2015. Berkeley first passed a 1 cent per fluid ounce (oz) tax on SSBs. Then, in 2017, Philadelphia enacted their own 1.5 cents per oz tax on sweetened and artificially sweetened beverages. Philadelphia was the first city to include artificially sweeteners.

What drinks are not typically included in a soda tax? ›

A sugar-sweetened beverage does not include any beverage sold for consumption by infants, which is commonly referred to as infant formula or baby formula, or any product whose purpose is infant rehydration; any beverage for medical use; any beverage designed as supplemental, meal replacement, or sole-source nutrition ...

Are Skittles taxed? ›

Tax does not apply to sales of food products for human consumption. Accurate and complete records of all purchases and sales of tangible personal property must be kept to verify all exemptions claimed as sales of exempt food products.

What items are not taxed in the US? ›

Food products are not taxable. Food products include flour, sugar, bread, milk, eggs, fruits, vegetables and similar groceries.

How much is tax on candy in California? ›

California: Candy and other food and food ingredients are generally exempt. However, tax applies to 33% of gross receipts from vending machine sales of candy. Bulk sales of candy through a coin-operated machine are exempt when sold for 25 cents or less (think gumball machines).

Is there tax on see's candy in California? ›

See's is required by law to collect sales tax. Sales tax is based on state rates plus the minimum local rate. If additional local taxes apply, or if tax rates change, we are required to collect the tax in effect at the time of your order.

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