Monday, July 23, 2012

Popcorn Machines and Sales Tax

QUESTION:   
Our PTA is buying a new popcorn machine to enable us to sell popcorn to students and staff as a fundraiser.  Because we will use the machine to make a product we will be selling, can we avoid paying sales tax when we buy the machine using our resale permit?  

ANSWER:  
The PTA must pay sales tax on the popcorn machine because it is for the PTA’s use. The PTA will be selling a product created by the machine, but will not be reselling the machine itself.  Only the items sold--the popcorn and the bags--are being resold, and therefore eligible for a tax free purchase through use of the reseller's permit. 

Also, be aware that if your PTA is selling popcorn on a regular schedule (e.g. every Friday afternoon, the 3rd Thursday of every month), it is required to collect sales tax on the sales.  See the Question of the Week regarding this.