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So, let's talk food, which in the State tax world is a delightful, sometimes puzzling world of edible wonders. 🍽️ I bet you didn't know that our trips to the grocery store can become a suspense-filled sales tax quiz! 🤔
Alright, buckle up, here are some of my all-time favorite food puzzlers:
Natural fruit juice with 100% fruit goodness is exempt, but the moment it wears the labels "drink," "ade," "beverage," "cocktail," or "flavored," it becomes taxable.
Plain, drinking water flows freely with an exemption. But once it's carbonated or flavored, prepare to see some tax action! And if it's frozen, say hello to a taxable treat! ❄️
Ah, this one's a real treat! 🍪 When cookies, muffins, bagels and other like food items are sold by bakeries, pastry shops, or similar establishments (the “Seller”) that does not have an eating facility, the goodies are exempt. But if the Seller has an eating facility, then the baked goods are taxable, unless the products are sold for consumption off premises. To that end, here’s what the Department’s Form DR-46NT actually says “Bakery products sold in quantities of five (5) or fewer are presumed to be TAXABLE.” I surmise that the thinking here is that no one could possibly buy five of anything for immediate consumption. (Thought to self: Oh my! I did not know that!)
Is it junk or not? Personally, I consider both to be junk food, but it seems that the Department may consider snacks to be healthier (dare I say); and candy, well, not so much. Here's what the DR-46NT spills: snacks like chips, nuts, pretzels, and even chocolate-coated goodies are tax-exempt! 🍿 On the flip side, anything regarded and advertised as candy, yup, you guessed it, taxable! 🍬
After 31 years in the state tax world, I still have trouble accepting that five or fewer (or six or more) creates a presumption that the baked goods are not for immediate consumption. With the way I eat cookies, clearly, I was not part of the pilot program! LOL! 😄 Also, since pork rinds are expressly listed as snacks, I withdraw my conclusion that snacks might have been considered to be healthier. Mind-boggling, right?
All jokes aside, these nuances can add up to huge assessments.
So, as promised, here's the Florida Tax Tip of the Month: While we've covered the main rules (12A-1.011 and 12A-1.0115, FAC) and some of the DR-46NT language, there's a whole buffet of other details regarding food sales! 🍔 So, when you're diving into this realm, keep those Rules handy for a smooth tax-sailing experience!
And here’s a tax fun-filled challenge: The next time you embark on a supermarket adventure, take that DR-46NT as your trusty food tax map. 🗺️ Were there any surprises?
Unraveling the Florida tax maze to help taxpayers comply with complex laws is my mission! 💪
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