Which parts of a camping or outdoor-experience fee were taxable when the provider supplied recreation, meals, and transportation?
Apply this to your situation
This page answers the general question as of 1987. Ezel answers yours, under current Texas tax law, with citations.
Plain-English summary
The Comptroller classified the provider's offering as an amusement service. The part of the fee allocated to amusement or recreation was taxable, and the amount allocated to meals was also taxable.
The transportation portion was not taxable. But if the provider failed to separate the taxable recreation and meal charges from the nontaxable transportation charge, the entire single lump-sum fee became taxable.
What this means for you
The historical letter made itemization decisive for a package mixing taxable and nontaxable components. A separately stated transportation amount escaped tax; an undivided package did not.
Common questions
Was the camping or outdoor experience taxable? The amusement-service portion was taxable.
Were meals taxable? Yes.
Was transportation taxable? No when separately allocated.
What happened to an unseparated lump-sum charge? The entire charge was taxable.
Citations and references
- No statute or rule number is cited in the ruling text.
Source
- STAR search: https://star.comptroller.texas.gov/search?doc_type_code=L&tax_type_code=SST
- Opinion: https://star.comptroller.texas.gov/view/8710L0833B08
Original ruling text
COMPTROLLER OF PUBLIC ACCOUNTS
STATE OF TEXAS
AUSTIN, 78774
BOB BULLOCK
Comptroller October 9, 1987
Dear **:
Thank you for your letter of August 31, 1987, concerning your sales tax
responsibilities.
The sales tax law imposes a sales tax on amusement services. Amusement
services is defined as "the provision of amusement, entertainment or
recreation...".
You are providing an amusement service and you are required to remit
sales
tax on the amount of the fee allocated to the amusement service. The
amount
of the fee that is allocated to the meals is also taxable. The amount
allocated to the transportation cost is not taxable. If you do not
separate
the taxable charges from the non-taxable charges then the total single,
lump-sum charge will be taxable.
This opinion is based on the facts presented. If there are additional or
different facts, the opinion may change.
If you have any questions or need more information, please call me at
1-800-252-5555 toll free from anywhere in Texas. The regular number is
512/463-4600. You may write me at the Tax Policy Division.
Sincerely,
Eddie C. Washington
Tax Policy Division
Get today's answer for your situation
You just read a 1987 ruling on this question. Ezel checks current Texas tax law and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.