Example 4
Giant Food Store, Inc. is a large grocery store. In addition Giant Food Store also has a deli and bakery and a “you–make–it” salad bar onsite. The deli has utensils (i.e. napkins, lids, plastic ware, straws, etc.) on their counters for customer use. Previously, Giant Food Store had segregated their sales and not charged retail sales tax on exempt food items. Deli items could be purchased at the deli counter or paid for at the checkout stand. Bakery items and other food items can only be paid for at the checkout stand. Giant Food Store decides they would like to see if they can continue to segregate their sales and not have to charge sales tax on all food items.
In 2017, Giant Food Store, Inc. made the following sales. (Since Giant Food Store has a deli on their site (same entity) they must include the sales of the grocery store and the sales of the deli when making this calculation.)
Deli sales:
Hamburgers/cheeseburgers | $100,000 |
Deli sandwiches | $300,000 |
Hot wings | $200,000 |
Chicken strips | $100,000 |
Potato salad (sold in containers by weight) | $75,000 |
Jo Jo’s | $55,000 |
Burritos | $75,000 |
Fruit salad (sold in containers by weight) | $45,000 |
4-Bean salad (sold in containers by weight) | $20,000 |
French fries | $35,000 |
Onion rings | $15,000 |
Fountain drinks (soda pop) | $300,000 |
Bottled water | $10,000 |
Bottled juice (more than 50% juice) | $10,000 |
Coffee | $92,500 |
Sealed milk | $12,000 |
Hot apple pie (by the slice, served on a plate) | $15,000 |
Chocolate cake (by the slice) | $20,000 |
Meat (sliced and repackaged by the deli) | $30,000 |
Cheese (sliced and repackaged by the deli) | $25,000 |
Meat and cheese platter | $50,000 |
Combo meal #1 (cheese burger, french fries, soft drinks) | $135,000 |
Combo meal #2 (chicken strips, Jo Jo’s, soft drink) | $75,000 |
Bakery items sales:
Donuts | $75,000 |
Box of donuts (12) | $40,000 |
Whole pies | $75,000 |
Whole cakes | $80,000 |
Bagels | $50,000 |
Grocery store sales:
Spices (food ingredient) | $30,000 |
Exempt food items | $3,285,300 |
Alcoholic beverages (beer and wine) | $350,000 |
Sealed soft drinks (soda pop) | $400,000 |
Tobacco | $175,000 |
Cough drops | $25,000 |
Gum and candy | $300,000 |
Ice (cubed) | $30,000 |
Ice (block) | $15,000 |
Dietary supplements | $45,000 |
Salad bar sales | $135,000 |
(Giant Food Stores does not combine any of the food items. The customer makes his own salad in a Styrofoam to-go container.)
Ms. Wilson, their CPA, is preparing their annual calculation to evaluate whether Giant Food Stores Inc. predominately sells prepared foods. In making this evaluation, she must determine whether 75 percent or more of their sales are considered prepared foods. Her calculation follows:
Step 1: Calculate the numerator
The numerator includes the following items (items are to be counted only once in the numerator, even if they could qualify under more than one classification):
1. All foods sold in a heated state:
Hamburgers/cheeseburgers | $100,000 |
Hot wings | $200,000 |
Chicken strips | $100,000 |
Jo Jo’s | $55,000 |
Burritos | $75,000 |
French fries | $35,000 |
Onion rings | $15,000 |
Coffee | $92,500 |
Note: Although the apple pie is served heated, it is not included in this portion of the calculation because it is a bakery item.
2. Combined foods (all foods where the seller combines two or more ingredients)
Deli sandwiches | $300,000 |
Fountain drinks (soda pop) | $300,000 |
Combo meal #1 (cheese burger, French fries, soft drinks) | $135,000 |
Combo meal #2 (chicken strips, Jo Jo’s, soft drink) | $75,000 |
Note:
- Although the salads (potato, 4-bean, and fruit) are made with two or more ingredients, they are exempt from this calculation, because they are sold by volume or weight.
- Although the cakes, pies, bagels, and donuts are made with two or more ingredients, they are exempt from this calculation because they are considered bakery items.
3. Foods sold where a utensil is necessary to receive the food
Hot apple pie (by the slice) | $15,000 |
Cake by the slice | $20,000 |
Salad bar sales | $135,000 |
Note:
- The salad bar sales are included in this calculation, even though the store does not combine the ingredients. The Styrofoam container is considered a necessary utensil to receive the food.
- Even though the hot apple pie and cake by the slice are both bakery items, they are included because they are served with a utensil (plate).
The total amount for the numerator is $1,652,500 ($672,500 heated food, + $810,000 combined foods + $170,000 utensil necessary).
Step 2: Calculate the denominator
The denominator includes food, food ingredients, prepared food, soft drinks, and dietary supplements. (Items are to be counted only once in the denominator, even if they qualify under more than one classification.)
1. Food includes:
Hamburgers/cheeseburgers | $100,000 |
Deli sandwiches | $300,000 |
Hot wings | $200,000 |
Chicken strips | $100,000 |
Potato salad | $75,000 |
Jo Jo’s | $55,000 |
Burritos | $75,000 |
Fruit salad | $45,000 |
4-Bean salad | $20,000 |
French fries | $35,000 |
Onion rings | $15,000 |
Bottled water | $10,000 |
Bottled juice (more than 50% juice) | $10,000 |
Coffee | $92,500 |
Sealed milk | $12,000 |
Hot apple pie (by the slice) | $15,000 |
Chocolate cake (by the slice) | $20,000 |
Meat (sliced and repackaged by the deli) | $30,000 |
Cheese (sliced and repackaged by the deli) | $25,000 |
Meat and cheese platter | $50,000 |
Combo meal #1 (cheeseburger, french fries, soft drinks) | $135,000 |
Combo meal #2 (chicken strips, Jo Jo’s, soft drink) | $75,000 |
Donuts | $75,000 |
Box of donuts (12) | $40,000 |
Whole pies | $75,000 |
Whole cakes | $80,000 |
Bagels | $50,000 |
Exempt food items | $3,285,300 |
Gum and candy | $300,000 |
Ice (cubed) | $30,000 |
Salad bar sales | $135,000 |
2. Food ingredients:
Spices | $30,000 |
3. Soft drinks include:
Fountain drinks | $300,000 |
Sealed soft drinks | $400,000 |
4. Dietary supplements:
Dietary supplements | $45,000 |
The total for the denominator would be $6,339,800 ($5,564,800 food items, + $30,000 food ingredients, + $700,000 soft drinks + $45,000 dietary supplements)
Note: Although the store made the following sales, these sales are not part of the calculation:
- Beer and wine – $350,000 (Alcoholic beverages are not considered food items and therefore are not part of the calculation.)
- Tobacco – $175,000 (Tobacco products are not considered food items and therefore are not considered part of the calculation.)
- Cough drops – $25,000 (Medicines and hygiene products are not considered food items and therefore are not part of the calculation.)
- Ice (block) – $15,000 (Block and dry ice are not considered food items and therefore are not part of the calculation.)
Step 3: Calculate the percentage
The percentage of prepared food sales is determined by dividing the numerator (n) by the denominator (d). In this example the calculation would be:
n/d = percentage
n $1,652,500 = .261 or 26.1%
=
d $6,339,800
Step 4: Determination
Giant Food Store’s percentage of prepared food sales in 2017 was less than 75 percent. Therefore, they are not classified as predominately selling prepared food. During 2018, the store may segregate its sales and is not required to collect retail sales tax on exempt food items (food and food ingredients).
Even though Giant Food Stores is not required to collect sales tax on all food items, the following items would remain subject to retail sales tax:
- bottled water
- hamburgers/cheeseburgers
- deli sandwiches
- hot wings
- chicken strips
- Jo Jo’s
- burritos
- french fries
- onion rings
- fountain drinks
- coffee
- hot apple pie (served on a plate)
- chocolate cake (served on a plate)
- combo meal #1
- combo meal #2
- salad bar sales
- alcoholic beverages
- sealed soft drinks
- tobacco products
- juice containing less then 50% juice
- cough drops (all medicines except prescribed)
- ice in blocks
- dietary supplements (except prescribed)
For more information, please see our Special notices: food and food ingredients