I hope you guys don't think I'm dumb but I'm in the process of filing for bus. license and such and am trying to get through some of these tax items. I don't know how I should answer.
As an in-state dealer, will your business be engaged in the retail sale, lease or rental of tangible goods, personal property and/or taxable services to consumers for purposes other than resale?
No one knows?
If you are selling retail to customers the answer would be YES.
If you are selling wholesale the answer would be NO.
They are probably deciding if you should be collecting sales tax.
Food is not a tangible good.
I don't think they consider decorated cakes a service, so most likely the answer would be no. the best answer should come for the tax officers.
hmm. thanks for taking the time to respond!
Answer---- No and you are not dumb
my tax person said that the answer is yes
IMO, a tangible good is something that can be physically touched (in this case, cake), and unless you are selling them wholesale, this makes them a retail tangible good for consumers. The answer would be yes.
I know this just makes it even more confusing, but I hope it helps! Again, just my opinion!
I would say yes, but to be sure call your State tax dept and ask them about cakes, in my state they are taxable in others I know they are not.