New York 2025-2026 Regular Session

New York Assembly Bill A10308

Introduced
2/20/26  

Caption

Establishes an annual food tax holiday exempting sales taxes on certain currently taxable food items in November or December

Impact

The introduction of this bill is expected to positively impact consumers by reducing costs associated with prepared meals, which may encourage local dining and food purchases during the holiday season. The bill also mandates that the state reimburse local governments for any revenue losses incurred due to the tax holiday, based on their previous year's taxable sales. This provision aims to ease concerns that local budgets might be negatively affected by the implementation of the tax holiday. The economic impact analysis, to be conducted two years post-enactment, will assess the effectiveness of the holiday in stimulating consumer spending in the food sector.

Summary

Bill A10308 seeks to introduce an annual food tax holiday in New York State, exempting certain prepared food items from state and local sales taxes. The bill defines 'covered items' to include hot and cold prepared foods intended for immediate consumption, ready-to-eat items from grocery stores, delis, and restaurants, including takeout and delivery orders. Notably, the bill excludes items such as alcoholic beverages, tobacco, pet food, and dietary supplements from the tax exemption to narrow its focus on food consumption. This two-week tax holiday would occur annually in either November or December, providing temporary tax relief to consumers during the holiday season.

Contention

Despite its perceived advantages, the bill has generated discussions regarding the potential complexities it introduces into tax administration across local governments. Concerns have been raised about the additional responsibilities on the Department of Taxation and Finance in providing guidance on the classification of 'covered items' and ensuring compliance among retailers. Additionally, stakeholders may debate the effectiveness of such tax incentives in genuinely boosting local economies, particularly in urban municipalities where expenditure on dining may be limited. Opponents of the bill could argue that while it aims to provide relief to consumers, it also complicates tax revenue streams and may not address the underlying cost challenges faced by residents in higher-priced areas.

Companion Bills

NY S10101

Same As Establishes an annual food tax holiday exempting sales taxes on certain currently taxable food items, including hot and cold prepared foods intended for immediate consumption, and any other ready-to-eat item sold in a grocery store, deli or food counter, meals purchased at a restaurant including takeout and delivery orders, in November or December.

Previously Filed As

NY S10101

Establishes an annual food tax holiday exempting sales taxes on certain currently taxable food items, including hot and cold prepared foods intended for immediate consumption, and any other ready-to-eat item sold in a grocery store, deli or food counter, meals purchased at a restaurant including takeout and delivery orders, in November or December.

NY A09319

Exempts retail food stores from various state and local taxes provided such store derives at least seventy percent of its annual gross sales from staple foods and food products for off-premises consumption.

NY A10815

Exempts certain pet food from sales taxes to include specialty pet food.

NY S09981

Exempts certain pet food from sales taxes to include specialty pet food.

NY S02346

Enacts the "gas tax holiday act"; provides that from the first of the month after the effective date of the section until December 31, 2027 the taxes imposed on retail sales of fuel gas, motor fuel and diesel motor fuel shall be exempt from certain taxes.

NY A359

Establishes annual four-day sales tax holiday after Thanksgiving.

NY S3550

Establishes annual four-day sales tax holiday after Thanksgiving.

NY HB248

Sales tax; revise exemption for sales of food to certain charitable organizations.

NY HB715

Sales tax; revise exemption for sales of food to certain charitable organizations.

NY HB281

Sales tax; exempt retail sales of infant formula, baby food, diapers and certain other children's items.

Similar Bills

No similar bills found.