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Old 04-21-2001, 07:33 PM
chriselkins
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What or where can I find specific tax laws regarding the purchase of beef jerky in Texas? (100% beef) Most places I buy it do not tax it since it is a food product, like milk or eggs. But, some convenience stores I frequent have begun charging me tax, as if I were purchasing potato chips or other unwholesome snacks. I know it means only pennies, but those pennies add up, and I can't stand being taken by unscrupulous merchants.

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Old 04-22-2001, 12:45 PM
loku
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Beef jerky in Texas


There is no law specifically mentioning beef jerky in Texas, but under the sales tax regulations, shown in pertinent part below, I'm sorry to say, it is taxable. It looks like you are getting a break when the merchant makes a mistake and does not charge you the tax.

(34 TAC Sec. 3.293(b)): Tax is due on the sale of food, meals, and drinks under the following circumstances (1) prepared, served, or sold ready for immediate consumption by any retailer whether or not the food is sold to be eaten on the premises;

(34 TAC Sec. 3.293(c)): The sale of food is exempt from tax under the following circumstances: (1) Food not ready for immediate consumption;
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