Sales tax increase in Montgomery County: What gets taxed and what doesn’t?

While Montgomery County’s retail sales tax rate will rise a quarter percent Monday to 7.5 percent, some not see a big change because dozens of kinds of sales are already exempt or excepted from sales taxes.  TY GREENLEES / STAFF

While Montgomery County’s retail sales tax rate will rise a quarter percent Monday to 7.5 percent, some not see a big change because dozens of kinds of sales are already exempt or excepted from sales taxes. TY GREENLEES / STAFF

Montgomery County’s retail sales tax rate will rise a quarter percent Monday to 7.5 percent, but some may not see much of a change because dozens of kinds of sales are already exempt or excepted from sales taxes — including food, basic utilities and most personal and professional services.

This highly abbreviated information from the Ohio Department of Taxation merely illustrates the many types of exhaustive exceptions baked into the Ohio Revised Code.

Examples of sales exempt/excepted from sales tax: 

• Copyrighted motion picture films for exhibition purposes unless solely used for advertising. The rental or sale of films or tapes to individuals is taxable.

• Food for human consumption off the premises where sold (food does not include alcoholic beverages, dietary supplements, soft drinks or tobacco).

• Food sold to students in a dormitory, school cafeteria, fraternity or sorority house.

• Food served without charge to employees as part of their compensation.

• Items purchased with food stamps.

• Newspapers (including community newspapers and national newspapers and other unbound publications.)

• Sales by churches and nonprofit charitable organizations not exceeding six days in any calendar year.

• Sales to nonprofit organizations operated exclusively in Ohio for certain charitable purposes as defined in sales tax law.

• Sales to churches.

• Sales to organizations that have been granted and have maintained 501(c)(3) status by the Internal Revenue Service.

• Sales of animals by nonprofit animal shelters and county humane societies.

• Sales to U.S. government agencies, Ohio or any of its political subdivisions.

• Sales to other states and their political subdivisions if they exempt sales to the State of Ohio and any of its political subdivisions.

• Sales of drugs for a human being, dispensed pursuant to a prescription; insulin as recognized in the official United States pharmacopoeia; urine and blood testing materials when used by diabetics or persons with hypoglycemia to test for glucose or acetone; hypodermic syringes and needles when used by diabetics for insulin injections; hospital beds when purchased by hospitals, nursing homes and other medical facilities; and medical oxygen-dispensing equipment.

• The purchase of durable medical equipment for home use, or mobility enhancing equipment.

• Gas, water, steam, and electricity delivered through pipes, conduits, or wires and sold by a public utility or, if applicable, a municipal gas utility.

• Sales of property for used directly in agricultural production.

• Parts and services used in repairing and maintaining aircraft with fractional share ownership (private aircraft whose ownership is shared by a group of people).

• Sales of investment metal bullion and investment coins.

Services not taxed: 

Professional, personal, and insurance transactions are not taxable when any transfer of tangible personal property is a small item for which no separate charge is made.

Examples of services subject to sales tax: 

• Rental of hotel rooms or similar sleeping accommodations for less than 30 days by establishments with five or more sleeping rooms.

• Provision of landscaping or lawn care service, if annual sales equal or exceed $5,000.

• Provision of private investigation or security service.

• Building maintenance and janitorial service, if annual sales of this service equal or exceed $5,000.

• Exterminating service.

• Employment service.

• Physical fitness facility service.

• Washing (except coin-operated), cleaning, waxing, polishing, or painting of motor vehicles.

• Laundry and dry cleaning service, excluding sales made through coin operated machines.

• Personal care service, including skin care, application of cosmetics, manicures, pedicures, hair removal, tattoos, body piercing, tanning, massage and other similar services. It does not include hair care: cutting, coloring, and styling.

• Transportation of persons, within Ohio, except by public transit systems or commercial airlines.

• Snow removal service, if annual sales of this service equal or exceed $5,000.

SOURCE: Ohio Department of Taxation

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