When were takeout donuts and other food sales treated as taxable meals rather than bulk food under Connecticut Ruling 89-179?

Plain-English summary

Bulk food was generally not a "meal" unless intended for consumption at or near the seller. The ruling listed half-gallon ice cream, whole pies, cold sliced meat by the pound, and cold salads by the pound as bulk examples, but not whole pizzas or buckets of fried chicken.

Six or more takeout donuts from a donut shop generally were a bulk sale. Six donuts sold with six beverages were six meals. Food prepared or served in portions ready for immediate consumption, including packaged takeout food, was a taxable meal.

Meals sold in a qualifying student cafeteria, dining hall, dormitory, fraternity, or sorority to members were exempt. Three donuts sold to three students in a student cafeteria were exempt, while the same sale in a donut shop was taxable.

What this means for you

The historical analysis looked at portion, accompanying beverages, immediate-consumption form, sales location, and the student-cafeteria exemption.

Common questions

Were six takeout donuts a taxable meal? Generally no; they were a bulk sale.

What if six beverages accompanied the six donuts? The transaction was six meals.

Were packaged takeout meals taxable? Yes when ready for immediate consumption.

Were donuts sold in a student cafeteria exempt? Yes under the stated institutional exemption.

Citations and references

• Conn. Agencies Regs. § 12-426-29(c)(1), as cited in the ruling.
• Conn. Gen. Stat. § 12-412(13) and § 12-412(9), as cited in the ruling.
• Public Act No. 89-251, as cited in the ruling.

Source

• Landing page: Connecticut DRS Rulings
• Ruling: Ruling 89-179

Original ruling text

Ruling 89-179, Meals

Section 12-426-29(c)(1) of the Regulations of Connecticut State Agencies reads in part as follows:

A. "Meals" do not include bulk sales of food products unless meant for consumption on or near the location of the seller. Examples of such bulk sales include the sale of ice cream in one-half gallon containers, whole pies, cold sliced meat sold by the pound and cold salads sold by the pound. Examples of sales which are not bulk sales include the sale of whole pizza pies and buckets of fried chicken.

B. & C. The sale of six donuts or more for take out in a donut shop would generally constitute a bulk sale. However, the sale of six donuts with six beverages would be considered the sale of six meals.

D. & E. Section 12-412(13) of the Connecticut General Statutes, as amended by Public Act No. 89-251 reads in part as follows:

"Meal" means food products which are furnished, prepared or served in such a form and in such portions that they are ready for immediate consumption. A meal as defined in this subsection includes food products which are sold on a "take out" or "to go" basis and which are actually packaged or wrapped. The sale of a meal, as defined in this subsection, is a taxable sale.

F. Section 12-412(9) of the Connecticut General Statutes provides an exemption from the sales of meals in a student cafeteria, dining hall, dormitory, fraternity or sorority maintained in a private, public or parochial school, college or university, to members of such institutions or organizations. The sales of three donuts to three students in a student cafeteria are exempt from sales and use tax, whereas the sales of three donuts to three students in a donut shop are subject to the tax.

LEGAL DIVISION

October 30, 1989