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Issues
Created December 2003
Updated May 2009
 

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SUMMARY REPORT:
State taxes charged on veterinary sales and services
 

In a December 2003 survey, 41 states (plus Puerto Rico) responded to our request for information on taxes charged for veterinary sales and services. Some states responded with yes/no answers while others sent comprehensive tax law packets. The regulations and exemptions on sales tax, also called excise and retail tax, vary greatly from state to state and, in some cases, even within a state. Because of the complex rules regarding these taxes, this report provides only a general overview of sales and service taxes as they affect veterinary practices.

Most states did not send separate information on service animals or food animals vs. companion animals; therefore, this report deals mainly with taxes levied on products and services for companion animals.

Note that this information has been updated as taxes were enacted since the survey, or more information became available.

Eight states reported that there were no taxes of any kind charged on animal products or services.

Use tax
Nearly all states reported one form or another of a use tax charged to veterinarians. Common taxable items would be drugs, medications, syringes, and miscellaneous medical supplies (consumables) used by veterinarians in rendering professional services. The supplier collects taxes on these items at the time of purchase. Rules vary among the states as to whether any of the taxes can be passed along to consumers.

Prescription drugs and vaccines
In 23 states, prescription drugs, vaccines, and medicated products are tax-exempt to both the veterinarian and the client when administered in a clinic or by a veterinarian while providing a medical service. Several states had rules similar to those of Kentucky, which allows drugs and health care items to be sold tax-exempt if dispensed by a veterinarian during a consultation and noted on the client record. Refills likewise charted would also be tax-exempt. A few states, however, did require clients to pay the tax if they took the prescriptions out of the clinic.

Nineteen states tax prescription drugs and medications the same as any other retail sale. In some states, the consumer ultimately pays the tax. Other states consider the veterinarian to be the consumer who pays the taxes on prescriptions and medications. In Wisconsin, for instance, the veterinarian must pay sales tax to the supplier for not only prescription drugs, but also for all over-the-counter drugs or products labeled "medicated". They are not allowed to pass the tax along to clients even though the client would pay sales tax on those same "medicated" ittems if purchased at a retail or pet supply store.

Of the states providing specific information regarding taxes on service animals or food animal prescriptions and products, most excluded these classes from any taxes. Only three states indicated that there were no tax exemptions for these animals.

Non-prescription and OTC drugs or products
Thirty-three stated reported that non-prescription products purchased through a veterinary clinic are considered retail purchases and sales tax must be charged and remitted to the state.

Taxes on veterinary services
Currently only three states — Hawaii, New Mexico and South Dakota, collect tax on veterinary medical services, including routine exams and vaccinations. Eight states collect taxes on ancillary services such as grooming or boarding. In Iowa, grooming services are taxed, while boarding is not.

 

State Tax Information Summary

STATE Sales Tax Non-prescription Products Sales Tax Companion Animal Scripts Sales Tax Food Animal Scripts Veterinary Medical Services Ancillary Services- grooming, boarding (non-medical) Additional Taxes and Notes FYI: "Use" tax indicates paid by veterinarian. "Retail" paid by consumer.
Alabama Y Y N N N Use tax on drugs administered in clinic; sales tax on scripts taken out.
Alaska N N N N N No state sales tax of any kind.
Arizona Y N N N N  
California Y N N N N  
Colorado Y N N N N No state tax on scripts; some municipalities do charge tax on scripts.
Connecticut Y N N N N Use tax on consumables used in practice, not on scripts.
Delaware N N N N N No state sales tax of any kind.
Florida Y N N N N Use tax on consumables used in practice. None on drugs.
Georgia Y Y   N N Tax on scripts is passed to consumer.
Hawaii Y Y Y Y Y 4% "excise" tax on all goods & services.
Idaho Y N N N N  
Illinois Y N N N N DVMs pay a use tax cost of items transferred to clients as medical service. No tax or registration if there is no retail product.
Indiana N* N N N Y Sales tax is due on pet foods and supplies sold for use by healthy animals, including pet identification cards, microchips, scanners, and collar tags. Free microchips are subject to use tax. Prescription diets necessary to correct a medical condition are not taxed. Separate insurance and service fees are not subject to sales tax.
Iowa Y Y N N Y* Use tax on drugs used in clinic. Retail tax on drugs taken out. *On grooming -yes, boarding - no.
Kansas Y N N N* Y* DOR 2006 letter clarifies. Pet boarding services and small animal vaccines are exempt but grooming and other non-prescription medicine/products are taxable.
Kentucky Y Y Y N N To be tax-exempt meds must be dispensed & charted during consultation.
Louisiana Y Y   N N Tax varies from district to district. Dist.6 has prof license tax of 1% of gross.
Maine Y Y N N N Use tax on drugs used in clinic.
Mass. Y Y Y N N  
Michigan Y Y N* N N Use tax on drugs used in clinic. Retail tax on drugs taken out.
Minnesota Y Y N N Y All drugs and supplies are taxable either to the veterinarian or client.
Mississippi N N N N N No state sales tax of any kind.
Missouri Y N N N N In order for a prescription to qualify, it has to say "can only be legally dispensed by a licensed pharmacist only upon a lawful prescription of a practitioner licensed to administer those items". Legend drug sales which can only be sold by doctor's prescription are exempt. Non-legend drug sales which may be sold with or without a doctor's prescription are taxable. The fact that a buyer has a prescription from a doctor does not automatically exempt the sale.
Montana N N N N N No state sales tax of any kind.
Nebraska       N   No sales tax on specialty services performed on livestock. 2009 law exempts animal grooming performed by a licensed veterinarian or a licensed veterinary technician in conjunction with medical treatment (effective 10/1/09).
Nevada Y Y   N N Use tax on drugs used in clinic. Retail tax on drugs taken out.
New Hampsh N N N N N No state sales tax of any kind.
New Jersey Y Y N N Y* *Tangible items (those which a client can physically take possession of), for which a separate charge is made, are taxable to the client. Items which are not tangible (injectibles, for example), are taxable to the veterinary business. Tangible items which are not accounted for separately and are included with the professional service (sutures, bandages, etc) are taxable to the veterinary business, not to the client.
New Mexico Y Y Y Y Y All aspects of veterinary income is taxable as "Gross Receipts Tax."
New York Y N N N Y  
No. Dakota Y Y N N N No sales tax on products for food animals.
Oklahoma Y N N N N  
Oregon N N N N N No state sales tax of any kind.
Puerto Rico N N N N N No state sales tax.
So. Carolina Y Y   N N  
So. Dakota Y Y   Y Y  
Tennesssee Y Y   N N Use tax on scripts — cannot be passed to client. Client pays tax on non-script purchases.
Texas Y N N N N  
Utah Y N N N N  
Virginia Y Y N N N 2006 law exempts medicines for commercial farm animals from sales and use tax.
W. Virginia Y N N N Y 2009 law specifically exempts from the consumers sales and service tax drugs purchased by veterinarians to be dispensed upon prescription for the medical treatment of animals.
Washington Y Y Y N N Scripts are exempt if administered; taxed if taken home.
Wisconsin Y Y N N N Use tax on scripts — cannot be passed to client. Client pays tax on non-script purchases.
Wyoming Y N N N N  
 

Source: Staff research, AVMA State Legislative and Regulatory Affairs Department
Contact: Adrian Hochstadt, Assistant Director, AVMA State Legislative and Regulatory Affairs Department, 847-285-6780
 

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