FYI Reminder--No Sales Tax on Fruit/Veggies

sautesmomDecember 26, 2009

I just wanted to remind everyone that plants and seeds bearing food cannot be charged sales tax in California. I just bought two peach trees at Home Depot, and got into a debate with the manager. When doing spring shopping I have taken to carrying around the tax code section in my purse for this very reason, but I hadn't planned on buying trees so early!

Here is the text for those who are interested (Section (c) is the one for fruit and veggie plants):

California Revenue And Taxation Code Section 6358

There are exempted from the taxes imposed by this part, the

gross receipts from the sale in this state of, and the storage, use,

or other consumption in this state of:

(a) Any form of animal life the products of which ordinarily

constitute food for human consumption.

(b) Feed for any form of animal life the products of which

ordinarily constitute food for human consumption or are to be sold in

the regular course of business.

(c) Seeds and plants the products of which ordinarily constitute

food for human consumption or are to be sold in the regular course of

business.

(d) Fertilizer to be applied to land the products of which are to

be used as food for human consumption or are to be sold in the

regular course of business.

(e) On or after January 1, 1997, drugs or medicines, including

oxygen, the primary purpose of which is the prevention or control of

disease, that are administered to animal life the products of which

ordinarily constitute food for human consumption.

Carla in Sac

Thank you for reporting this comment. Undo
gobluedjm

Notify the state attorney general. I would really like to see HD go down for this.
My local nursery and Lowes never charge me for veggie plants.

    Bookmark   December 26, 2009 at 7:42PM
Thank you for reporting this comment. Undo
eloise_ca

Thank you Carla, I never knew that! I've never noticed whether they charge taxes or not, but then I always buy something else along with food-bearing plants so never noticed.

    Bookmark   December 27, 2009 at 8:22AM
Sign Up to comment
More Discussions
Veggie season?
what are you all planting in the veggie garden lately?...
slowjane CA/ Sunset 21
Mango trees in SoCal?
Has anyone successfuly grown any type of mango tree...
wetfeet101b
Dymondia
Hi all! I planted some dymondia as a groundcover last...
Sabine Halfhill
Western Sword Fern (Polysticum munitum) very brown
My Western Sword Ferns are looking very brown. I really...
kookoo2
Need help with identification
I have tiny black round specks all over my fence and...
Nancy Taylor
People viewed this after searching for:
© 2015 Houzz Inc. Houzz® The new way to design your home™