U.S. sales tax exemptions 101

Any European business that begins selling into the U.S. quickly learns that U.S. sales tax is very different from value added tax (VAT). There are several elements that make compliance in America more complex. One example is the number of tax jurisdictions in the U.S. — since tax rates differ between states, counties, and even cities, there are over 13,000 tax jurisdictions.

Another complication for EU sellers in the U.S. is sales tax exemptions. Tax-exempt entities and products are less common in EU tax rules (although they still exist) and businesses tend to have less responsibility regarding exemptions. In the U.S., however, there is a lot a business owner needs to know to complete a tax-exempt sale in a compliant fashion.

This article can help you understand how the process works.

• Managing sales tax exemptions is complex for businesses due to varying rules across states and the need to document each exempt transaction accurately
• Exemptions may apply based on who the buyer is, how the product is used, or the type of product being sold.
• Maintaining valid exemption certificates is essential for compliance, and automation can help reduce manual effort and audit risk.

In U.S. sales tax, tax-exempt transactions are sales that are not subject to sales tax under state law. Exemptions vary by state and require proper documentation, such as a resale or exemption certificate.

U.S. sales tax exemptions generally fall into three main categories:

1. Exemptions based on the type of item sold

Many states exempt essential goods — items considered necessary for daily life — from sales tax. These exemptions are product-specific, so while groceries may qualify, not every food item is exempt. In some states, essential goods are taxed at a reduced rate instead of being fully exempt. For example, Alabama applies the full state sales tax rate to all groceries.

2. Exemptions based on the purchaser

Certain buyers, such as nonprofits, government agencies, or other qualified entities, may be exempt from paying sales tax even when purchasing taxable goods. In these cases, the purchaser must provide a valid exemption certificate, and the seller must keep it on file to justify the tax-free transaction.

3. Exemptions based on use

Some exemptions apply when the purchased item is used for a qualifying purpose, such as in agriculture, manufacturing, or activities that serve the public good. Products that are normally taxable can become exempt if used in these ways, but buyers must present an exemption certificate to claim this benefit.

Examples of tax-exempt transactions

Below are a few examples of when a transaction would become tax-exempt. However, while the broad categories we’ve listed will apply to almost every state, you must research the specific tax laws of any state where you have tax obligations to ensure you have a complete understanding.

• Item-based exemptions:
  • Food: As stated above, only essential food products are exempt, so food bought in the supermarket is exempt, but a restaurant meal is not.
  • Clothing: In most jurisdictions, lower-priced clothing is tax-exempt, while branded and luxury clothing can be taxed.
  • Prescription medicines: Illinois is the only state that taxes prescription medicine, at a reduced rate of 1%.
  • Medical devices: Only essential medical devices such as pacemakers and prosthetic limbs are sales tax-exempt.
• Purchaser-based exemptions:
  • Nonprofits: Not-for-profit organisations are exempt from paying income tax in any state but are also often exempt from sales tax. These entities are often referred to as 501 (c) organisations, and the category includes institutions such as charities, schools, and churches.
  • State and federal agencies: In a rare example of a law that applies throughout America, states cannot tax sales that are made to the federal government or its various agencies. In many states, a similar law exists for sales to the state and its agencies. Sometimes even individual cities will apply this type of exemption.
• Use-based exemptions:
  • Pivotal industries: Products such as machinery related to agriculture, manufacturing, or industrial processing are tax-exempt. The definition of “pivotal” varies depending on a state’s economy; many farming states offer exemptions for sales of goods used to produce food for human or animal consumption.
  • Community benefit: Exactly what types of activity benefit the community is defined by the tax authorities, but common examples include efforts to boost the local economy (such as industrial development) or improve public health (such as pollution control).

As we stated above, in use-based or purchaser-based tax exemptions, the purchaser must provide a sales tax exemption certificate documenting the reasons for the exemption to the seller. Certificates are not required when purchasing tax-exempt products.

As with most other points of U.S. tax law, the exact rules for certificates vary. Some states require a certificate for each transaction, but most allow for blanket certificates, which are valid for purchases made over a certain period of time.

Importantly, sellers are responsible for verifying sales tax exemption certificates. If you’re selling goods and the purchaser claims they’re tax-exempt, you need to check the validity of their U.S. sales tax exemption certificate. You need to confirm the reason for the exemption is valid and that the certificate hasn’t expired. Not collecting tax despite an exemption certificate having expired is a common mistake for European businesses entering the U.S. market.

Archiving exemption certificates is crucial in case your business is ever audited. If you fail to remit the appropriate amount of tax, one of the first things an auditor will do is request exemption certificates. Presenting incomplete, incorrect, or invalid certificates will result in the business being charged for the missing sales tax.

However, since most auditors use a test period audit method for auditing, the sales tax charged by the auditor could be much more than the actual amount the business failed to pay. The test period method means individual transactions are not counted — the missing tax from discrepancies is simply estimated for a particular period based on a small sample size.

Managing exemption certificates manually can be time-consuming — and even small mistakes can result in costly penalties. Avalara Exemption Certificate Management takes the complexity out of the process by automating the way you request, validate, store, and track certificates. Whether you’re a U.S. business or a European company navigating the complexities of U.S. sales tax, Avalara can help make compliance simpler.

What items in the U.S. are not subject to sales tax?

Most states exempt necessities like food and prescription medicines. These are typically tax free or taxed at a reduced rate — though specifics vary by state.  

Which U.S. states don’t have sales tax? 

Five states — Alaska, Delaware, Montana, New Hampshire, and Oregon — have no statewide sales tax. However, some allow local jurisdictions to impose their own taxes.  

Which U.S. states have no property tax?

No U.S. state is entirely free of property taxes. All 50 states levy property taxes, typically assessed and collected at the local level.