How Much Is Food Tax? A Look at State and Local Rates
The tax on food is more complex than a single rate. Discover how geography and item definitions determine what you are charged at the checkout.
The tax on food is more complex than a single rate. Discover how geography and item definitions determine what you are charged at the checkout.
The “food tax” is a sales tax that applies to food and beverage sales. In the United States, there is no single, nationwide food tax; instead, the tax you pay is determined by a combination of state, county, and city rules, as well as the specific type of food you purchase. This means the tax on a bag of groceries can be completely different from the tax on a restaurant meal, and both can vary significantly by location.
The taxation of groceries, defined as food intended for home consumption, varies widely across the country. The majority of states, including populous ones like California, Florida, and Texas, completely exempt groceries from state-level sales tax. This policy is implemented to reduce the tax burden on essential items for all households.
A second group of states chooses to tax groceries but at a rate lower than their standard sales tax. For instance, states like Arkansas, Illinois, Missouri, Tennessee, and Utah apply a reduced rate to food items. This approach provides some tax relief on essential food purchases while still generating revenue from these sales.
Only a handful of states tax groceries at the same rate as other general merchandise. In these locations, a grocery bill is subject to the full state sales tax. These states include:
Some of these states offer tax credits or rebates to residents, particularly those with lower incomes, to help offset the impact of the grocery tax.
Local taxes add another layer of complexity. Even in a state that exempts groceries from its statewide sales tax, you might still see a tax on your receipt. This is because cities, counties, and special districts can levy their own sales taxes on groceries. For example, a city within a state with a 0% tax on groceries could impose a 1% or 2% local tax, which the consumer pays at the checkout counter.
The tax treatment of prepared foods and beverages is distinctly different from that of groceries. Prepared foods are items sold in a ready-to-eat state, such as restaurant meals, hot items from a deli, or fountain drinks. The defining characteristic is that the seller has prepared the item for immediate consumption, whether by heating it, combining ingredients, or providing utensils.
Unlike groceries, which are often exempt or taxed at a lower rate, prepared foods are taxed in nearly every state that has a sales tax. The tax rate applied to these items is the full, combined state and local sales tax rate. This is the same rate you would pay on non-food items like clothing or electronics. The rationale is that prepared food is considered a convenience or a service.
This means that while a bag of uncooked pasta from a grocery store aisle might be tax-free, a hot pasta dish from the same store’s deli counter would be subject to the full sales tax. The distinction hinges on the state of the food when it is sold. The taxation of prepared foods is an important revenue stream for governments, as spending on prepared meals increases.
Certain food and beverage items are subject to unique tax rules that set them apart from standard groceries and prepared meals. Many states have specific definitions that exclude items like candy and soda from the “food” category due to their low nutritional value. As a result, even in states where groceries are exempt from sales tax, candy and soda are frequently taxed at the full rate.
Dietary supplements are another category with distinct tax treatment. These products, which include vitamins, minerals, and herbal supplements, are almost always taxed as tangible personal property rather than as food. The distinction lies in the product’s label; items with a “Supplement Facts” panel are considered supplements and are taxable, while items with a “Nutrition Facts” label are treated as food.
Alcoholic beverages are consistently taxed across all states and are subject to additional taxes beyond the standard sales tax. On top of the general sales tax, states and the federal government levy excise taxes on beer, wine, and liquor. These excise taxes are based on volume and are paid by the wholesaler or manufacturer, with the cost passed on to the consumer.
The taxability of an item can depend on minor details of its preparation. A classic example is the treatment of bakery items. In some states, selling a plain, cold bagel is considered a sale of a grocery item and is tax-free. However, if the customer asks for that same bagel to be toasted, the act of heating it transforms it into a “prepared food,” making the sale taxable.
Beyond the type of food, exemptions from sales tax are based on the method of payment or the identity of the purchaser. The most significant of these is for purchases made using the Supplemental Nutrition Assistance Program (SNAP). Under federal law, any food item eligible for purchase with SNAP benefits cannot be subjected to state or local sales tax. This rule applies universally, ensuring that SNAP recipients can use the full value of their benefits for food without any reduction due to taxes.
When a customer uses a combination of SNAP benefits and another form of payment, federal rules require the retailer to apply the SNAP benefits first to the SNAP-eligible items that would otherwise be taxable. For example, if a shopper buys both tax-exempt vegetables and taxable soda, the SNAP funds are allocated to the soda first to provide the maximum tax benefit. This ensures the tax exemption is fully utilized.
Another category of exemption applies to certain organizations. Qualifying non-profit organizations, such as food banks or shelters, can purchase food tax-free when it is intended for charitable purposes. These exemptions are granted by the state and require the organization to have the proper tax-exempt status.