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Level 3
posted Jun 28, 2020 9:27:21 PM

Do I have to pay sales tax if I sell protein bars online with shipping to customers in California?

I am getting conflicting information on this.  On one hand, grocery items are exempt from taxes in California.  On the other hand, "supplement" value food items are charged.  I operate my business from inside california.  Most of my customers are in California who buy my product online.  Should I have been charging sales tax to them?

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2 Replies
Level 15
Jun 29, 2020 5:53:56 AM

This forum is to address income tax issues ... for state sales tax issues contact the state agency for information. 

 

 

Level 15
Jun 29, 2020 7:45:25 AM

You're talking about sales tax, which has absolutely nothing what-so-ever to do with income tax. You need to seek help from a business tax professional in CA or the local CA tax board.

For the most part, when it comes to taxing food, it generally works like this.

 - Unprepared food that is not "ready to eat" upon purchase does not have a sales tax imposed on it. For example, if you go to the grocery store and purchase a can of string beans, that's unprepared food. So no sales tax is imposed.

But if at that same grocery store I purchase a milky way candy bar, that is considered prepared food becuase I can eat it "right now" at this very instant in time. So a sales tax is imposed on that item.

When I buy hamburger patties and buns at the grocery store, those are "unprepared" and not ready to eat. So no sales tax is imposed. However, when I go to Burger King and order a hamburger, it's "ready to eat" right away when it's presented to me. Therefore I will pay a sales tax on that purchase.