Q: Are restaurant gift cards or certificates taxed? Gift card recipients will also pay tax when they redeem the card.
I just bought gift certificates at a local restaurant and I was charged the tax. When I asked the cashier she said that is how we do it. Now when I give this gift the recipient will also pay tax when they purchase their meals. Double taxing does not seem right.
A: As a former restaurant owner myself for over 34 years, I have never heard of this practice and we certainly never charged a meals and rooms charge in advance of a purchase. The meals and rooms tax is usually charged at the time the meals and drinks are purchased, and then they can be deducted from the gift certificate amount, not paid for in advance before and meals or drinks are ordered. You can call the attorney generals civil department to have them look into this very unusual practice further.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.