Bagels With a Slice of Tax

dejr_8

<font color=CC00FF>DIS Veteran<br><font color=33CC
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May 4, 2001
Messages
3,880
I don't get this.

http://www.nbcnewyork.com/news/business/Bagels-With-a-Slice-of-Tax-101374809.html

Have you noticed bagel shops tacking on a few more cents to your beloved pumpernickel and cream cheese? Blame Albany.
Bagels – however you slice them – most likely haven't been subject to tax at your favorite neighborhood shop. But, desperate for cash, Albany began enforcing a little known clause in its sales tax code that calls for a tax on sliced bagels or whole bagels consumed at the place of purchase, according to The Wall Street Journal.
When an audit found New York chain Bruegger's Bagel in violation of this often unenforced clause, the state demanded owner Kenneth Greene cough up a "significant" amount in taxes to cover what the state figured he owed, according to the Journal.
Customers bristled at the additional charge – roughly 8 cents a bagel -- blaming the franchise for trying to squeeze every penny out of patrons in a tough economy. The backlash prompted Greene to post signs near the cashiers explaining the cost increase.
New York State is requiring that all sliced bagels and all food eaten on our premises be taxed. We apologize for this change and share in your frustration on this additional tax," the signs read, according to the Journal.
Bruegger's appears to be the only major franchise cracked down on thus far, and Florence Wilpon, one of the founding owners of Manhattan's Ess-a-Bagel, told the Journal she hoped it stayed that way.
In the meantime, a spokesman for the tax department told the paper the state "will provide additional guidance via our Web site and publications in the near future."
Earlier this month, the state passed one of its latest budgets ever to contend with a $9.2 billion deficit. The budget included hikes on cigarette taxes, eliminating the sales tax emeption on clothing and shoes costing under $110 and slicing charitable deductions for New Yorkers making $10 million a year in half, among other clauses.
 
Bagels – however you slice them – most likely haven't been subject to tax at your favorite neighborhood shop. But, desperate for cash, Albany began enforcing a little known clause in its sales tax code that calls for a tax on sliced bagels or whole bagels consumed at the place of purchase, according to The Wall Street Journal.

So what's the problem? I surprised that a sales tax hasn't been collected for years.

When the bagel place slices it for you, or you consume it on the premesis, it changes from non-taxable grocery to "restaurant" or "prepared foods" which would be subject to sales tax.

At least that's how it is in NJ.

Jim
 
So what's the problem? I surprised that a sales tax hasn't been collected for years.

When the bagel place slices it for you, or you consume it on the premesis, it changes from non-taxable grocery to "restaurant" or "prepared foods" which would be subject to sales tax.

At least that's how it is in NJ.

Jim

That's what I don't get. That is just comical.
 
They actually got away with not charging tax. When our supermarkets sell you deli meats and fresh bread, there is no sales tax. When they make you a sandwich fom the same meat, there is sales tax. When the store sells you spaghetti (raw) and a jar of sauce, there is no sales tax. When they cook it for you and turn it into a diner (if you eat it there, or take it out), there is sales tax. In NYS, there is sales tax on prepared food. That's just the way it is. Bruggers didn't collect it in the past when they prepared food.
It was an unfair advantage, since other Bagel shops that sold prepared bagels (with cream cheese put on for you, or a sandwich made out of them) said they were collecting the tax (such as Dunkin Donuts) and didn't get why Bruggers wasn't. One of those shops prob reported them.
 

In Ohio whether you are charged tax or not depends on if you eat in or take it to go. If I walk into a bagel shop and they slice the bagel, put anything on it, and then put it in a bag to go I don't have to pay tax.

New York is getting a bit ridiculous with their taxes lately. The rest of the country is bad enough but didn't they also implement a soda tax and salt tax? I'm all for healthy eating and think people eat like pigs a lot of the time but I also don't want people taxed into compliance. I hate the whole notion.
 
This isn't new..it's been that way for a very long time. This bagel shop didn't charge sales tax that they should have. Our local Price Chopper store did, as well as Dunkin Donuts. They got away with it and now it's being enforced.

The soda tax (which is actually sugar tax in soda) did not pass as it was, although supposedly the price of soda was going to go up and the manufacturer was going to pay it. I haven't notcied any rise in prices, so it may not have happened. The salt tax was just plain stupid and didn't get far.

What really went up in NYS is the cigarette tax.


New York is getting a bit ridiculous with their taxes lately. The rest of the country is bad enough but didn't they also implement a soda tax and salt tax? I'm all for healthy eating and think people eat like pigs a lot of the time but I also don't want people taxed into compliance. I hate the whole notion.
 
In Ohio whether you are charged tax or not depends on if you eat in or take it to go. If I walk into a bagel shop and they slice the bagel, put anything on it, and then put it in a bag to go I don't have to pay tax.

See, that seems silly to me. Why should take out in a bag from a bagel place be treated differently for tax purposes than take out in a bag from McDonalds? The product is the same - ready to eat food sold to-go.

Like a previous poster, I'm surprised this wasn't enforced long ago. It has always been that way here; if I buy a bagel from the bakery, it is untaxed as a grocery product. If I buy a bagel from the Tim Horton's drive though, it is taxed as fast food.
 
See, that seems silly to me. Why should take out in a bag from a bagel place be treated differently for tax purposes than take out in a bag from McDonalds? The product is the same - ready to eat food sold to-go.

Like a previous poster, I'm surprised this wasn't enforced long ago. It has always been that way here; if I buy a bagel from the bakery, it is untaxed as a grocery product. If I buy a bagel from the Tim Horton's drive though, it is taxed as fast food.

No tax on take out anywhere, McDonald's, Panera, Subway, or a bagel place. There is also no sales tax on most food in the grocery store. I just used the bagel place because the thread was about bagels. There are exceptions, such as pop, but almost no food is taxed in Ohio (info).
 
No tax on take out anywhere, McDonald's, Panera, Subway, or a bagel place. There is also no sales tax on most food in the grocery store. I just used the bagel place because the thread was about bagels. There are exceptions, such as pop, but almost no food is taxed in Ohio (info).

Ah, that makes more sense then. NY is like MI, however - prepared foods, including take out/fast food, are taxed. Groceries are not. By that measure, it seems like a no brainer that bagels served at take-out establishments would be taxed.
 
I live in a state where EVERYTHING is taxed. We've been trying to get rid of the tax on groceries for decades. It was slightly reduced recently, but even a bag of flour gets taxed.
 


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