Sales Tax Questions
Advanced Deep Guide

Are services taxable? Which services are subject to sales tax?

TL;DR

Services are not taxable by default in most states — the sales tax base is built around tangible goods. Hawaii, New Mexico, South Dakota, and Washington tax services broadly. Telecommunications, amusement and entertainment, parking, and data processing are commonly taxed even in states that otherwise exempt services. Professional services (legal, accounting, consulting, medical) are generally not taxable in most states.

Services are not taxable by default in most US states. The traditional sales tax base covers tangible personal property (physical goods) and services fall outside that base unless a state has enacted specific taxability for a service category. But the exceptions are significant enough that any business selling services needs to check.

The default rule and its exceptions

Default: Services are not subject to sales tax in most states. Purchasing legal advice, accounting services, haircuts, or consulting from a provider in most states does not trigger sales tax.

Exceptions, states that broadly tax services:

StateApproach
HawaiiGeneral Excise Tax (GET) at 4% applies to virtually all business activities including services; seller-side tax
New MexicoGross Receipts Tax (GRT) at 5.125%+ applies to most receipts from business activity, including services
South DakotaSpecifically expanded to tax many services; SD has no income tax and uses broader sales tax base
WashingtonTaxes a broader range of services than most states, including digital automated services and many business services

Service categories taxed in most states

Even states that don’t broadly tax services commonly tax these categories:

Telecommunications: telephone service, VoIP, wireless service, satellite TV, taxed in most states, often with additional surcharges

Amusement and entertainment: admission to concerts, sporting events, movies, theme parks, taxed in most states; online ticket fees follow the underlying event

Parking: taxed in many states and municipalities; NYC and Chicago have specific parking taxes

Utilities: electricity, gas, and water service, taxed in most states; treatment varies by residential vs. commercial use

Service categories with significant variation

Data processing services: taxed in TX (with 20% exemption), NY, WA, and several others; not taxed in CA, FL, IL, and many others

Information services: taxed in TX, NY, CT; not taxed in most states

Computer and IT services: PA taxes “computer and data processing services” broadly; most states do not

SaaS and cloud software: taxed in roughly half of states, see the dedicated SaaS guide for state-by-state detail

Repair and maintenance services: highly variable; some states tax repair of tangible personal property, especially when parts are also provided

Printing and printing services: often treated as a sale of tangible personal property (the printed item) rather than a service

Categories generally not taxed as services

Professional services: legal, accounting, consulting, medical, dental, financial advisory, not taxable in most states; some states have proposed taxing professional services but none of the major states currently do so broadly

Personal services: haircuts, massage, fitness training, not taxable in most states (though a few states tax amusement/fitness broadly)

Health and medical services: broadly exempt across states as medical services

What mixed sales and services look like

When a sale involves both a tangible product and a service component, states apply different tests:

  • True object test (majority rule): What is the customer primarily buying: the product or the service? Tax follows the dominant component.
  • Separately stated rule: If the service charge is separately stated on the invoice, many states treat it as non-taxable even when the product is taxable.
  • Full taxability rule (minority): A few states tax the full amount when taxable product and service are sold together, regardless of how it’s billed.

Keeping service charges separate on invoices is generally the more defensible position for sellers in most states.

Frequently asked questions

Are services subject to sales tax?
In most states, services are not subject to sales tax by default. The traditional US sales tax base covers tangible personal property, physical goods. Services are excluded unless a state has specifically enacted taxability for a service category. However, states that broadly tax services (Hawaii, New Mexico, South Dakota, and Washington) are exceptions. And most states tax at least some services: telecommunications, amusement/entertainment, parking, data processing, and information services are commonly taxed even in states that otherwise exempt services.
Which service categories are most commonly taxed?
The most commonly taxed service categories across US states are: telecommunications services (taxed in most states), amusement and entertainment services (taxed in most states), parking (taxed in most states), data processing services (TX, NY, WA, and others), information services (TX, NY, CT, and others), and computer services (PA and others). Professional services (legal, accounting, consulting, medical) are generally not taxable in most states.

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