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FYI Reminder--No Sales Tax on Fruit/Veggies

Posted by sautesmom z9 Sacramento CA (My Page) on
Sat, Dec 26, 09 at 19:01

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


Follow-Up Postings:

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RE: FYI Reminder--No Sales Tax on Fruit/Veggies

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.


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RE: FYI Reminder--No Sales Tax on Fruit/Veggies

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.


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