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sautesmom

FYI Reminder--No Sales Tax on Fruit/Veggies

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

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