A successful Alabama caterer learned a difficult sales tax lesson recently when Chief Judge Bill Thompson of the Alabama Tax Tribunal ruled that the separately stated charges for bartending services were taxable receipts for Alabama sales tax purposes. Judge Thompson even expressed his sympathy for the taxpayer because she believed in good faith that the charges were not taxable. Despite her belief, Judge Thompson had to rule in favor of the state for the reasons outlined below.
The facts are not complicated. A successful catering business occasionally hired bartenders and other servers to assist with an event. The customer paid the fees for the servers and theses fees were paid directly to the servers. The catering company did not keep any of the fees and did not directly benefit financially from the payment. These fees were separately stated on the catering company's invoice to the event host. No Alabama sales tax was charged on these service fees.
Upon audit, the Alabama auditor asserted that these separate service fees were taxable because they were part of the total receipts received by the catering company and the catering company received a benefit from the services even if it did not receive a direct financial benefit from customer. Judge Thompson agreed with the state and quoted the 1977 ruling in State v. International Trade Club, Inc., (351 So. 2nd 895) which states "the determinative question is...whether or not the taxpayer receives a benefit from the ...charge." Because the catering company used the money to pay the bartenders and servers it benefited from the charge which made the receipts taxable.
This ruling, though, is not unique to Alabama. A lot of states consider the total charges paid to catering companies to be subject to sales tax, even when these fees are separately stated. There are some exceptions for optional gratuity charges, but fees that are mandatory and are paid to the catering companies are usually taxable.
Other recent “Alabama (AL)” posts by Ned Lenhart, CPA:
- Alabama DOR Withdraws Amendment to Tax Digital Transmissions
- “Digital Transmissions” Subject to Alabama Rental Tax! (Update)
- Alabama Caterers: Service Charges Are Taxable!
- Alabama's "Non-Nexus Use Tax Remittance" - Will Flat Tax Fall Flat?
- Alabama Governor Proposes Sales Tax Increase to Balance Budget!