Sales tax now applies to some services

Starting October 1: Some business services are now subject to retail sales tax, as required by state law, ESSB 5814. When you buy these services, vendors should add sales tax to your bill. If you sell these services, you should begin collecting retail sales tax. Learn more about Services newly subject to retail sales tax.

Food sales

Prepackaged food items

Wineries often sell pre-packaged foods such as:

  • Chocolates, nuts, dried fruits.
  • Crackers, cookies.
  • Mustards, spreads.

Sales of pre-packaged foods are generally exempt from sales tax. However, the income from these sales remains subject to Retailing B&O tax.

Prepared foods

Some wineries operate a bar with a limited menu or a full restaurant. Sales of prepared food are retail sales. Income from sales of prepared food is subject to B&O tax under the Retailing classification and you must collect sales tax.

If you operate a restaurant please refer to our Restaurants and retailers of prepared food guide for specific information on how those activities are taxable.

Note: Businesses where prepared foods make up more than 75% of the annual sales of food and food ingredients must collect sales tax on all sales of food and food ingredients (i.e. pre-packaged foods). All businesses that sell prepared foods must determine whether or not they meet the 75% threshold.

Sponsoring dinners/catering events

Wineries often sponsor or participate in dinners or catered events. If you serve prepared food to or cater for consumers, you are providing a retail service. You must collect retail sales tax on the total charge to customers for meal or catering services. Gross income from catering and meal services is also subject to B&O tax under the Retailing classification.

You must collect sales tax based on the location where you serve the meals.

References

WAC 458-20-119 Sales by caterers and food contractors.

WAC 458-20-124 Restaurants, cocktail bars, taverns and similar businesses.

WAC 458-20-244 Food and food ingredients.