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1 Katherine Loughead, Sales Taxes on Soda, Candy, and Other Groceries, 2018 1 (2018)

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FISCAL
FACT
No. 598
July 2018


The Tax Foundation is the nation's
leading independent tax policy
research organization. Since 1937,
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@2018 Tax Foundation
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Editor, Rachel Shuster
Designer, Dan Carvajal
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Sales Taxes on Soda, Candy, and

Other Groceries, 2018


Katherine  Loughead
PolicyAnalyst


Key Findings:

   *  Most  states that levy a general sales tax offer an exemption for groceries,
      thereby removing  qualifying grocery products from their sales tax base.
      However,  many  states claw back their grocery exemption for certain
      categories of goods, such as candy and soda.

   *  As evidenced  by arbitrary variations in the tax treatment of groceries, candy,
      and soda, selective application of sales taxes increases tax complexity while
      producing distortive effects. For example, most states apply the sales tax to
      Milky Way  Midnight®  bars but do not tax the sale of regular Milky Way®
      bars, which meet the definition of a grocery.

   *  The Streamlined  Sales and Use Tax Agreement  (SSUTA) was  established
      to promote a basic level of uniformity among state sales tax practices, but
      even with nearly half the states abiding by SSUTA definitions, varying sales
      tax rates on different types of groceries make sales tax administration
      unnecessarily complex.

   *  Broad-based  consumption  taxes have the potential to be a relatively
      simple, transparent, neutral, and stable form of taxation, but differential tax
      treatment of groceries erodes the efficiency and effectiveness of state sales
      tax systems.

   *  While grocery sales tax exemptions are well-intended, in practice they are
      limited in their ability to help low-income consumers.

   *  For states that wish to offer a robust grocery-specific safety net, a well-
      administered grocery credit system may offer a simpler and more reasonable
      alternative to the status quo.

   *  For states and consumers alike, there are many benefits to sales tax systems
      that tax all final consumer products - including groceries - at a low, flat rate.


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