are sandwiches purchased in a gas station taxable in California?

[kermalou]

i was in line at the local gas station and some guy was complaining as to why he was being charged sales tax on a premade sandwhich, one of those tuna sandwhiches.

anybody know?

 

[pulse8]

Why wouldn't it be?

 

[amcdonald]

Question:
Is it being sold?

 

[CountZero]

I can't speak for CA but in WA if the sandwich was not made on the premises and was a cold sandwich it would more than likely not be taxed. Its sort of a fuzzy issue though and in WA the rules for taxability of food are actually pretty complicated and not all that straightforward.

 

[Hammer]

Originally posted by: amcdonald
Question:
Is it being sold?

um... there's lots of things sold at stores that aren't taxable.

 

[db]

Might be considered a convenience food rather than "groceries", in which case in CA it's taxed.

 

[eakers]

yes because when they put the sandwhich together a service was proformed. now had he bought everything seperate and made it himself then it should be tax free.

 

[Jzero]

Can't speak for CA, but in NJ, you can pretty much ask: "Is it bulk?" If you buy it in bulk, it's not taxed. If you buy 6 bagels, it's bulk - no tax. If you buy less than 6 bagels, it's not bulk - you pay tax.

PSA: If you have a coupon for 3 free bagels and ask for 6, you are buying 3 bagels and you will owe tax. Pay the 9 cents and don't harangue the PFY working the counter. He's not even old enough to vote on these taxes. He's paying into a social security fund that will be in the casino coffers before he is even old enough to think about retirement.

 

[ElFenix]

i'm pretty sure we don't tax ready to eat or almost ready to eat food here in texas, from a grocery store. there is a charge on fast food.

 

[brtspears2]

Tax of course. Only groceries are not taxed. Soda, snacks, prepared foods, restarants...tax

 

[kermalou]

thanks.

 

[LordThing]

Real question is, "Are sandwiches purchased in a gas station edible in California?"

 

[Hammer]

Originally posted by: ElFenix
i'm pretty sure we don't tax ready to eat or almost ready to eat food here in texas, from a grocery store. there is a charge on fast food.

that's cause we're superior to "normal" crappy high-tax states.

 

[Bootprint]

Originally posted by: LordThing
Real question is, "Are sandwiches purchased in a gas station edible in California?"

They're fuel for the Mr Fusion.

 

[Eli]

I am glad I live in Oregon.

 

[Bryophyte]

Here's one for you: go buy live plants in California. You get taxed for flowers and stuff like that, but they aren't supposed to tax plants that grow edible parts (like tomatoes, apple trees, etc.) Of course, you sometimes have to argue with them if they aren't a nursery and don't know better.

 

[TC2181]

Sandwiches from a gas station...nothing like them.


Just make sure you keep them away from the dog.