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Restaurant Sales Tax: Guide for New Restaurant Owners

For new restaurant owners… Find out how restaurant sales tax is calculated in your state and how you need to charge it to your customers.

5 mins readAugust 15, 2023

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Author's Bio

Luke Carlino is a freelance copywriter, social media manager, and content creator from Melbourne, Australia, with many years of experience. He also writes, records and performs original music; simply pop his name into any streaming platform to listen.

Understanding your sales tax rate and its implications is vital for running smooth operations and effectively managing expenses. The sales tax rate significantly impacts various aspects of your restaurant business, including pricing strategies, menu selections, inventory management, and overall budget planning.

It's crucial to remember a simple rule when dealing with sales taxes: higher tax rates lead to reduced profits for the restaurant on its products. Consequently, lower profits translate to a lower overall sales tax burden. This paradoxical conundrum may seem perplexing, but it underscores the significance of comprehending the intricacies of local, federal, and county tax rates.

This means it’s essential to understand how your restaurant sales tax will be calculated before buying a restaurant. Here’s what you need to know, broken down in bite sized chunks.

Restaurant Financing

Financing your new restaurant premises with a bank loan? Need to balance the books to budget for your future restaurant expenses, wages and tax? You'll be a restaurant financial wizard by the time you've read this.

How does your restaurant's location affect sales tax?

Profitability in smaller states for restaurants largely hinges on factors like demographics and consumer preferences. Certain restaurants may thrive in these regions, while others may face challenges due to limited demand.

On the other hand, aspiring restaurateurs should brace themselves for intense competition if they plan to establish their ventures in bustling states like California and New York. This will affect things like financing, and in these highly competitive markets, every aspect of the business becomes crucial, and even seemingly minor factors, such as the sales tax rate, can significantly influence the restaurant's financial success.

Sales tax rates can vary between states, counties, and cities. In Washington State:


  • The base sales tax rate across the state is 6.5%.
  • Seattle has an additional city tax rate of 3.6% (0.1% more than King County).
  • King County charges a tax rate of 3.5% on top of the base rate.
  • Thurston County has no additional city tax rate, so the total tax rate is 8.9% (6.5% base rate + 2.4% county rate).

Restaurant sales tax rates in specific locations:


  • Restaurants in Seattle pay a total sales tax rate of 10.1% (6.5% state base rate + 3.6% city rate).
  • In Olympia (Thurston County), the total tax rate for restaurants is 8.9% (6.5% state base rate + 2.4% county rate).

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Disclaimer

Please note that tax rates are subject to change, and it's always advisable to consult official sources or tax authorities for the most up-to-date and accurate information regarding sales tax rates in specific locations.

Reviewing restaurant sales tax rates in different states can provide valuable insights for aspiring entrepreneurs. This information can aid in making informed decisions about the ideal location to establish a restaurant business and assessing potential budgetary considerations.

Nevertheless, it's essential to note that tax rates may change, so consulting official sources or tax authorities for the latest and most accurate sales tax information in specific locations is recommended.

To aid new entrepreneurs, examining restaurant sales tax rates across different states is beneficial. This information can assist in determining the ideal location for starting a restaurant business and identifying potential budgetary considerations.

Businesses that submit Income Tax Self Assessment (ITSA) returns should also be aware of any changes that may affect them.


Restaurant sales tax by state

Find your state and hover over it.



Examples of restaurant sales tax

Let's look at a few examples of how your sales tax may vary depending on the state and county of your restaurant location.


1. Washington


In Washington state, the base sales tax rate is 6.5%. For restaurants in Seattle, the total tax rate on menu items amounts to 10.1%. In contrast, King County levies a 3.5% tax rate, while Seattle adds an extra 0.1% tax.

In Olympia, just a bit further down the road, the total tax rate is 8.9%. The city imposes a 2.4% sales tax rate in addition to the base state rate. However, Thurston County does not enforce additional charges beyond the base rate.


2. New York


The state's base sales tax is set at 4%. However, certain localities have varying rates that can increase by up to 4.875%. This can result in an overall tax rate of 8.52%, the average across the state.

An additional 0.375% sales tax is allocated explicitly for transportation expenses in the New York City area. It's worth noting that certain items are exempt from sales tax, which has implications for restaurants and groceries. In particular, the tax rate for processed food in New York City stands at 8.875%, thus affecting restaurants as well.


3. Ohio


Ohio's sales tax system differs from many other places. Notably, food consumed off-site is exempt from taxation. The food remains non-taxable for restaurants where some customers dine in, and others opt for drive-thru service. To determine tax applicability, restaurants must inquire whether the customer intends to eat on-site or take the food to go.

Ohio's base sales tax rate stands at 5.75%, but counties impose additional rates. Although Ohio is considered one of the more tax-friendly states, navigating compliance can still be perplexing.


4. California


California boasts the nation's highest sales tax rates, at 7.25%. This is twice as high as New York, especially when considering additional rates that counties may impose on top of the base tax. This sales tax is not based solely on whether the service is for takeout or delivery; it also depends on whether the food is served hot or cold. Interestingly, takeout services offering cold menu items are exempt from sales tax.

California follows the 80/80 rule, stipulating that if 80% of sales are attributed to food and 80% of the menu items sold are taxable, the entire sales are taxable. However, restaurants can create separate accounts for nontaxable sales to comply with the regulations.

Restaurant taxes burrito joint

How to understand taxes on tips

As a restaurant owner, understanding the taxation of tips is crucial, and this can be where the benefits of automated expense report software make a difference. The IRS classifies tips as taxable income, requiring you to report them on your business's and employees' personal income tax returns.


Here are six essential points to keep in mind:


  1. Employee Reporting: Employees must report all tips if they earn over $20 monthly. They need to provide a written report to you detailing their tip earnings for the month.

  1. Employer Reporting and Withholding: As the employer, you are responsible for withholding the appropriate amount of FICA taxes (Medicare/Social Security taxes) from employee wages and tips. You must also pay your own portion of FICA taxes based on the total reported tips for all employees.

  1. Allocated Tips: If the total tips by all employees are less than 8 percent of your total monthly receipts in a large restaurant or bar, you may need to allocate tips to the employees. These allocated tips should be reported as income on your business's tax returns and on your employees' personal income tax returns.

  1. W-2 Reporting: Include the total amount of tips reported by the employee in the year in specific boxes of the W-2 form, such as box 1 (Wages, tips, other compensation), box 5 (Medicare wages and tips), and box 7 (Social security tips). Allocated tips are presented separately in box 8 (Allocated tips).

  1. Record Keeping: Maintain accurate records of all tips reported by your employees and any taxes withheld. This helps in case of an audit and ensures you withhold the correct amount of taxes.

  1. FICA Tip Credit: You may qualify for the FICA tip credit, a business tax credit designed to offset the FICA taxes paid on your employees' tips. Claim this credit using IRS Form 8846, 'Credit for Employer Social Security and Medicare Taxes Paid on Certain Employee Tips.'

By following these guidelines, you can handle tips taxation efficiently as your profit margins grow and comply with IRS regulations.

Restaurant Sales Tax Q&A

Q: Are tips considered taxable income for my restaurant, and do I need to report them? A: Yes, tips received by your employees are generally considered taxable income. Reporting and withholding taxes on employee tips exceeding $20 per month is essential. Consult with a tax professional or refer to IRS guidelines for specific reporting requirements.


Q: Are tips subject to sales tax in my restaurant? A: Generally, sales tax is not applied to tips given directly by customers to your employees. Tips are voluntary payments and are not considered part of the taxable sale of goods or services the restaurant provides.


Q: Do I need to collect sales tax on gratuity charges automatically added to the bill? A: If your restaurant includes mandatory gratuity charges, those amounts are typically subject to sales tax. However, this may vary based on local tax laws, so you must check with your state or local taxing authority for specific regulations.


Q: How should I handle sales tax for delivery and takeout orders? A: Sales tax for delivery and takeout orders may depend on your jurisdiction's tax laws. In some areas, sales tax applies to the entire transaction amount, including food, beverages, and delivery or service charges. Ensure you understand the tax requirements in your locality and accurately calculate and collect the appropriate sales tax.


Q: Are discounts or promotional offers subject to sales tax? A: Generally, sales tax is calculated based on the actual amount the customer pays after any discounts or promotional offers are applied. If a customer uses a coupon or receives a discount, the sales tax should be calculated based on the reduced price the customer pays for the goods or services.


Bald restaurant owner

Takeaways

1. Sales Tax Fundamentals: Always remember: higher tax rates can reduce restaurant profits, leading to a lower overall sales tax burden.


2. Understand Before You Buy: Familiarize yourself with the specific restaurant sales tax calculations in your desired location before purchasing or starting a restaurant.


3. Variability in Sales Tax Rates: Sales tax varies by state, county, and city. For instance, California ranges from 7.25% to 10.25%, while Alaska has no sales tax. Always be aware of local nuances.


4. Purpose of Sales Tax: Revenues from sales tax fund various state and local programs, such as education and medical initiatives.


5. Location Matters: Your restaurant's location will influence its sales tax rate. For example, Seattle restaurants pay a total of 10.1%, while those in Olympia (Thurston County) pay 8.9%.


6. Stay Updated: Tax rates can change. Regularly consult official sources or tax authorities for the most recent and accurate sales tax rates.


7. Examples to Consider: Various states have different regulations and rates. For instance, Ohio exempts off-site consumed food from taxation, while California uses the 80/80 rule for food sales.


8. Tax on Tips: Tips are considered taxable income. It's crucial to understand the responsibilities for both employees (reporting tips over $20 monthly) and employers (withholding FICA taxes and possibly qualifying for the FICA tip credit).


9. Address Common Queries: Tips are considered taxable income but aren't typically subject to sales tax. Mandatory gratuity charges usually are subject to sales tax. Sales tax for delivery and takeout might vary by jurisdiction.


10. Promotions and Discounts: When offering discounts or promotions, remember that sales tax is generally calculated on the actual (discounted) amount the customer pays.

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