Avalara Taxrates > Blog > Sales Tax News > No Fun: Sales Tax Is Due on Admittance to Funhouses. - Avalara

No Fun: Sales Tax Is Due on Admittance to Funhouses.

  • Sep 8, 2014 | Gail Cole

 So fun.

Are admissions to funhouses subject to New York sales tax?

The operator of an annual haunted attraction (Attraction) asked this question of the New York Commissioner of Taxation and Finance. The response, at least in this particular case, is yes.

The Attraction runs for many weeks in the fall and is comprised of “roughly five different funhouses that are all contained within the same building.” Patrons may enter the large building, which contains a snack counter, videos and music, and costumed performers, without paying a fee. However, a fee must be paid in order to access any of the five individual funhouses. “Patrons who pay the fee are granted access to all five funhouses. Admission to the individual funhouses within the Attraction cannot be purchased separately.”

The funhouses are registered as “amusement devices” under New York Law and they contain amusement. Patrons move through a fixed route filled with airbags, mirrors, suspension bridges, vortex tunnels, and other such experiences. Trained actors and special effects keep the patrons moving—they are “not permitted to loiter.”

The Commissioner of Taxation and Finance notes that Section 1105(f)(1) imposes sales tax on “any admission charge where such admission charge is in excess of ten cents to or for the use of any place of amusement in the state.” Admission charge is defined as the “amount paid for admission, including any service charge and any charge for entertainment or amusement or for the use of the facilities therefore.”

Since the funhouse patrons pay the Petitioner to enter “the physical space within which the amusement is provided,” and since trained actors are in those physical spaces entertaining the patrons, sales tax is due on the admissions charges.

Every situation is different, and advisory opinions pertain to specific situations. Read this advisory opinion in full for additional information.

Want to be sure your business is sales tax compliant? Switch to automated sales tax software.

photo credit: Thomas Hawk via photopin cc

Sales tax rates, rules, and regulations change frequently. Although we hope you'll find this information helpful, this blog is for informational purposes only and does not provide legal or tax advice.
Gail Cole
Avalara Author
Gail Cole
Gail Cole
Avalara Author Gail Cole
Gail began researching and writing about sales tax in 2012 and has been fascinated with it ever since. She has a penchant for uncovering unusual tax facts, and endeavors to make complex sales tax laws more digestible for both experts and laypeople.