Foods extempt from tax...are being taxed.

[Slash]

Who do I confront about this issue. According to New Yorks listing of taxable foods on their very own website, iced tea is one of the food/drink to be exempt. Except the last few times I've bought it (I've only recently started to buy it on a regular basis) I've noticed it's being taxed by nearly every store I've been in. A 1 liter bottle of Brisk Lemon Iced Tea costs 99 cents...yet at the checkout counter they ran me up $1.07 every single time (8% sales tax in NY). Same for Arizona Tea....


So who in the state do I confront about the situation? It's not just me this is happening to either, it's everyone I know.

 

[Blitz24]

Who do I confront about this issue. According to New Yorks listing of taxable foods on their very own website, iced tea is one of the food/drink to be exempt. Except the last few times I've bought it (I've only recently started to buy it on a regular basis) I've noticed it's being taxed by nearly every store I've been in. A 1 liter bottle of Brisk Lemon Iced Tea costs 99 cents...yet at the checkout counter they ran me up $1.07 every single time (8% sales tax in NY). Same for Arizona Tea....


So who in the state do I confront about the situation? It's not just me this is happening to either, it's everyone I know.

You don't confront anyone. You write a letter to your local congressman.

 

[-Cheezman-]

Throw a bunch of Lipton in the Hudson.

That'll show them damn British supermarkets!

 

[CodeRedR51]

Throw a bunch of Lipton in the Hudson.

That'll show them damn British supermarkets!

 

[Jahgee]

The cashiers are coming, the cashiers are coming.

 

[nobuffalo]

Maybe those types of bottled or canned teas aren't exempt? Could those possibly fall under the category of soft drinks?

 

[Hyped]

List for reference.

 

[Johnnypenso]

Here in Canada a lot of smaller retailers try to do the same thing, charge tax on everything. Might also have something to do with the ingredients as well and whether they qualify as true "iced tea" or just high fructose corn syrup and some factory made flavour.

 

[Slash]

You don't confront anyone. You write a letter to your local congressman.

I'm contemplating it actually.

Throw a bunch of Lipton in the Hudson.

That'll show them damn British supermarkets!

Was waiting for that lol

Maybe those types of bottled or canned teas aren't exempt? Could those possibly fall under the category of soft drinks?

Nope it very clearly states anything label ice tea (in the list provided which is what I used). The label on the bottle says iced tea.

Here in Canada a lot of smaller retailers try to do the same thing, charge tax on everything. Might also have something to do with the ingredients as well and whether they qualify as true "iced tea" or just high fructose corn syrup and some factory made flavour.

I thought I read something on adding sugar or something to it adds tax or something but I don't think that's the case here. Next time it happens I'll say something but I was wondering what to do.

 

[nobuffalo]

http://www.tax.ny.gov/pubs_and_bulls/tg_bulletins/st/convenience_stores_and_bodegas.htm

According to this, which is a little more detailed, it should be exempt.

You can try this but you may wanna wait until you have a good stash of receipts to make it worth your time.

How to Apply for a Refund of Sales and Use Tax

 

[Slash]

Probably a good idea to wait on that one Didn't even know that had that.

 

[nobuffalo]

Probably a good idea to wait on that one Didn't even know that had that.

You should read a little more.

 

[Liquid]

Woah, woah, woah, Lipton is made by Unilever, which is a British and Dutch owned company.

Where would New York be without either of those countries? Tsh, Colonials...

/Srs

Well, if there's no legal grounds for those items to be taxed, I'd do as others have suggested and write to the senator or something. Not really sure what the difference between your senator and congressman is...

 

[Omnis]

Tea is probably exempt. What you're trying to buy is a tea-flavored beverage.

 

[Slash]

Tea is probably exempt. What you're trying to buy is a tea-flavored beverage.

Everything I've bought and theres been a lot of it, has been taxed. Most of it was experimental just to see if I would get taxed. Tea bags, different types of drinks, you name it. If it was labeled tea in anyway I likely bought it. It was taxed.

 

[nobuffalo]

Tea is probably exempt. What you're trying to buy is a tea-flavored beverage.

I don't know the specifics of Lipton's or Arizona tea but I would think it would fall under the category of "prepackaged or bottled iced tea (including flavored)", not sure though.

 

[Slash]

Those 2 were just examples I gave, there was a few others as well. I can get as much Arizona brand stuff as I want for free anyways as I have an awesome hookup (includes free Monster, beer, water etc) but I just thought it was wrong to be taxed on the stuff. The only reason I found out was because I was thirsty one day so I stopped at a local deli and purchased a drink. At the time I didn't really think much of it but as I started to do it more regularly at other locations it was happening there as well and thats when I raised some concern and started investigating.

I think I'm going to take that list of eempt foods and start buying them at different locations to see what is taxed and what isn't. I'll even save the receipts for proof.

 

[Northstar]

I'm contemplating it actually.

Don't waste you time writing your congressman as they won't be able to do anything. Contact the store manager(not a random cashier) and let them know, make sure to be nice about it though or they probably won't do anything. If that doesn't work get in contact with your local news station and have your friends do the same(they aren't going to respond to one caller, so the more the better), nothing scares a business straight more than an exposé.

I've seen this before at smaller places, most people don't pay attention so it's easy for a store to get a few extra cents from a customer and have them not even notice as they're used to sales tax being on most things.

 

[Liquid]

This is where British VAT comes into its own. The tax is already added onto the sticker price, no fussing about with sales tax and totting up "Well I only have 2 dollars, but this is $1.88 before tax"...

I suppose, though, you could argue that having the tax already on the sticker is a sneakier way of upping the prices. Things like cakes and biscuits/cookies (but not chocolate biscuits/cookies) are exempt from VAT, but hey, who would notice the shopkeep increasing the prices anyway? (!)

 

[arora]

I've seen this before at smaller places, most people don't pay attention so it's easy for a store to get a few extra cents from a customer and have them not even notice as they're used to sales tax being on most things.

I'm not sure if that is happening, I mean a store usually simply wants to be in line with a law they have no realistic idea of how to adhere to lol.

To the op, pay the tax, find another store, or find another product. It sucks I know.

 

[GTsail]

According to New Yorks listing of taxable foods on their very own website, iced tea is one of the food/drink to be exempt.

Iced Tea should be exempt under New York Law

What you're trying to buy is a tea-flavored beverage.

The problem that you have run into is a confusion about this^^^^

The stores that you have been buying the Iced Tea from have been considering your purchase a tea-flavored beverage, and they think that it therefore falls into the category of "fruit drinks or similar beverages" which would be taxable under New York Law.

However, under New York law, tea and tea products are specifically exempt (if un-heated).

See the following link to New York Tax Bulletin TB-ST-65:

NY Tax Bulletin TB-ST-65

The tax bulletin states:
"Nontaxable beverages include:
---Unheated tea and tea products (caffeinated, decaffeinated, bagged, powdered, concentrated liquid mixes sold in canisters or envelops, flavored, herbal, iced, instant, loose, or leaves, and specialty teas sold in bottles or cans)"

IMO, the part I bolded just above, should apply specifically to iced tea sold in bottles (like Arizona Tea).

The distinction that New York Law is making is between heated and un-heated tea. Heated tea is taxable, but "unheated" tea is not.

The above is probably an example of special interests at work when the NY Law was being written. Perhaps if you write to the " all-powerful Tea Lobby", you can get them to put pressure on the NY Department of Taxation to publish another tax notice to all beverage establishments, clarifying their position on tea.

Good luck with this! HA!

Respectfully,
GTsail

 

[GTsail]

*snip*...At the time I didn't really think much of it but as I started to do it more regularly at other locations it was happening there as well and thats when I raised some concern and started investigating.

I think I'm going to take that list of eempt foods and start buying them at different locations to see what is taxed and what isn't. I'll even save the receipts for proof.

Do you live near any part of Pennsylvania?

After you've done your New York tea investigations, you could try some beverage investigating over-the-border.

PA sales tax law is similar to NY sales tax law in regard to taxable and non-taxable beverages.

On PA's Dept of Revenue web-site, they specifically list "Tea, all forms including liquid and powdered tea" as being Non-taxable.

PA law (PA Code Section 31.3) says:
"The sales tax does not apply to the following:"
"(12) Food and nonalcoholic beverages for human consumption. This exemption does not apply to purchases from caterers or eating places when the purchase price of the total transaction exceeds 10cents....Soft drinks are subject to tax when sold at the retail level by anyone for a price more than 10cents."

In PA tax-speak, ^^^^^this means that PA does not tax non-alcoholic beverages like tea, coffee, milk, water, but it does tax soft drinks, Kool aid, sports drinks, and other similar beverages.

Just for fun, there is also a special section for trout:
"The sales tax does not apply to the following:"
"(28) The sale or use of brook trout, brown trout or rainbow trout"

Pennsylvania must have a very strong Trout lobby, perhaps they could be enlisted into joining forces with the Tea lobby for some further legislative action.

Respectfully,
GTsail

 

[Primus Ortus]

Call the NY Dept. of Taxation. They are the entity that collects the tax. What they will likely say, is that although tea is ordinarily exempt from tax, they do not care unless the store fails to forward the proceeds from their tax collection to the Tax Dept. In other words, they shouldn't have collected the tax, but because they did, they need to forward it to the Tax Dept. The store is merely a conduit of tax collection for the state. If the store hasn't been paying the tax they collected, then their actions may prompt an audit. The Tax Dept. may also contact the store and inform them that they are charging tax on items that should not be taxed, but this is not as likely.

 

[AOS-]

Prepackaged usually gets taxed.Things like cereal, oatmeal and canned soups aren't. Not where I work anyway. Brisk is considerably a soft drink beverage, junk food if you will, and almost all junk food is taxable.

 

[Slash]

Do you live near any part of Pennsylvania?

After you've done your New York tea investigations, you could try some beverage investigating over-the-border.

PA sales tax law is similar to NY sales tax law in regard to taxable and non-taxable beverages.

On PA's Dept of Revenue web-site, they specifically list "Tea, all forms including liquid and powdered tea" as being Non-taxable.

PA law (PA Code Section 31.3) says:
"The sales tax does not apply to the following:"
"(12) Food and nonalcoholic beverages for human consumption. This exemption does not apply to purchases from caterers or eating places when the purchase price of the total transaction exceeds 10cents....Soft drinks are subject to tax when sold at the retail level by anyone for a price more than 10cents."

In PA tax-speak, ^^^^^this means that PA does not tax non-alcoholic beverages like tea, coffee, milk, water, but it does tax soft drinks, Kool aid, sports drinks, and other similar beverages.

Just for fun, there is also a special section for trout:
"The sales tax does not apply to the following:"
"(28) The sale or use of brook trout, brown trout or rainbow trout"

Pennsylvania must have a very strong Trout lobby, perhaps they could be enlisted into joining forces with the Tea lobby for some further legislative action.

Respectfully,
GTsail

I'm up near Buffalo so it's about an hours drive to the state border.

Call the NY Dept. of Taxation. They are the entity that collects the tax. What they will likely say, is that although tea is ordinarily exempt from tax, they do not care unless the store fails to forward the proceeds from their tax collection to the Tax Dept. In other words, they shouldn't have collected the tax, but because they did, they need to forward it to the Tax Dept. The store is merely a conduit of tax collection for the state. If the store hasn't been paying the tax they collected, then their actions may prompt an audit. The Tax Dept. may also contact the store and inform them that they are charging tax on items that should not be taxed, but this is not as likely.

I mean it's only a few extra sense but the fact it is being charged and adds up over time is wrong. It may seem like I'm making a big deal out of nothing but money can be tough to come by in my household so everything helps. I'll see if I can get ahold of someone.

 

[Miss B]

I think you should just let the store manager know that you were taxed on a drink that shouldn’t have been taxed. It may have just been overlooked within the store and may simply be linked to a wrong code/dept. Bringing it to their attention will sooner fix this problem. Also just to let you know, drinks that are carbonated are the drinks that are taxed.

 

[Miss B]

Prepackaged usually gets taxed.Things like cereal, oatmeal and canned soups aren't. Not where I work anyway. Brisk is considerably a soft drink beverage, junk food if you will, and almost all junk food is taxable.

Food in a grocery store is not taxed. Tea is not a soft drink. No carbonation. “Junk Food” is slang terminology.

 

[GranTurNismo]

This thread is seven years old... but anyways, welcome to

 

[Miss B]

This thread is seven years old... but anyways, welcome to

Seems like the problem went unsolved...

 

[AOS-]

This thread is seven years old... but anyways, welcome to

I saw the quote notification and was like "Food tax? When the heck was this???"