Publication 22 2025

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If you are a retailer and have not established nexus in a state, you are not required to collect and remit sales tax on sales in that state.
The following five states currently have no statewide sales tax: Alaska, Delaware, Montana, New Hampshire and Oregon. We take a closer look at those states in this guide.
States That Tax Groceries in 2025 StateAre Groceries Taxable?Notes Arizona No - Arkansas Yes, but at a reduced rate Grocery items are taxed at a rate of 0.125%. California No - Colorado No -43 more rows
For example, flour, sugar, bread, milk, eggs, fruits, vegetables and similar groceries (food products) are not subject to Texas sales and use tax. Tax is due, however, on many non-food items such as paper, pet, and beauty products; clothing; books; and certain edible items.
State-by-State Guide to Grocery Sales Tax STATEARE GROCERIES TAXABLE?SALES TAX RATE California No n/a Colorado No n/a Connecticut No n/a Delaware not applicable 0%46 more rows Jan 14, 2025
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Restaurateurs should keep in mind the 80/80 rule, which applies when more than 80% of your sales are food and more than 80% of the food you sell is taxable. If the 80/80 rule applies and you do not separately track sales of cold food products to go, you are responsible for tax on 100% of your sales.
Grocery taxes in the United States (US) are applied in the forms of state sales tax, county sales tax, or both. Among the 16 states that impose grocery taxes, the combined state and county tax rates range from 1% to 9%. High grocery sales tax rates have recently raised the public and political attention.
If paid out separately, employers can withhold income tax on the payment at a flat rate of 22%. For amounts that exceed $1 million, the taxation is a bit different. In this case, the supplemental tax rate is 37% no matter how they are paid.

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