Mississippi’s tax-free holiday is coming up. Here is your guide to what is and isn’t eligible.
Published 10:58 am Monday, July 18, 2022
Mississippi’s sales tax holiday is coming up. Do you know what is and isn’t eligible?
For 2022, Mississippi’s sales-tax-free weekend will be between 12:01 a.m. Friday, July 29, and midnight Saturday, July 30.
Here is a guide from the Department of Revenue that could help you:
“Clothing” is any article of apparel designed to be worn on the human body including pants, shirts and blouses, dresses, coats, jackets, belts, hats, undergarments, and multiple piece garments sold as a set.
“Footwear” is any article of apparel for human feet except for skis, swim fins, roller blades, skates, and any similar items. “Accessories” as jewelry, handbags, luggage, umbrellas, wallets, watches, briefcases, and similar items do not qualify for the Sales Tax Holiday.
“School Supplies” means items that are commonly used by a student in a course of study.
Eligible and Non-Eligible Items
The Sales Tax Holiday will apply statewide to all consumer purchases of clothing, footwear, and school supplies with sales prices of less than $100.00 per article during the Sales Tax Holiday. The tax holiday does not apply to sales of any other items not defined as clothing or footwear.
The Sales Tax Holiday applies to each eligible item selling for less than $100.00, regardless of how many items are sold at the same time. Items priced at $100.00 or more are subject to Sales Tax at the regular retail rate of 7%. For example, a customer purchases two (2) shirts at $50.00 each, a pair of slacks at $75.00, and a pair of shoes at $110.00. No Sales Tax is due on the sale of the two (2) shirts and the pair of slacks at a cost of $175.00, even though the combined cost exceeds the one hundred dollar ($100) threshold. However, Sales Tax is due on the entire $110.00 for the shoes since they exceed the one hundred dollar ($100) threshold.
Rentals of Items
Rentals of clothing and footwear do not qualify for the Sales Tax Holiday and are subject to 7% Sales Tax.
Items Sold as a Unit
Articles that are normally sold together, such as a pair of shoes or a uniform, must continue to be sold as a set or a single unit. Components of the unit cannot be priced separately and sold as individual items in order to qualify for the holiday. However, if components of a unit are normally priced as separate items, then they may continue to be sold as separate items and qualify if the price of the article is less than $100.00.
Pairings of Eligible and Non-Eligible Items
When eligible items are normally sold with non-eligible items as a set or a single unit, the full price is subject to Sales Tax if the value of the non-eligible (taxable) item exceeds the eligible ones.
Buy One, Get One Free or For a Reduced Price
The total price of items advertised as “buy one, get one free” or “at a reduced price” cannot be averaged to qualify both items for the holiday. The amount of Sales Tax due depends on the actual price paid for each item sold.
For example, if a retailer advertises a pair of pants as “buy one, get one half off” with the first pair of pants priced at $120.00 and the second pair half off, then Sales Tax is due on the first pair priced at $120.00, though the second pair ($60.00) would not be subject to Sales Tax. Because the store advertised the sale as “buy one, get one half off”, the store cannot sell each pair of pants for $90.00 in order for the items to qualify for the holiday.
However, the retailer may advertise and sell each pair of pants at 50% off, selling each pair of $120.00 pants for $60.00, thus making each pair sold eligible for the holiday.
Discounts, Coupons, and Rebates
Retailers may offer store discounts and store coupons to reduce the price of an eligible item to or less than $100.00 in order to qualify for the holiday. However, manufacturers’ coupons do not reduce the sales price of an item; as a result, a manufacturer’s coupon cannot be used to reduce the selling price of an item to less than $100.00 in order to qualify for the holiday. Likewise, a manufacturer’s rebate does not reduce the sales price of an item until after the sale has occurred, thus having no effect on the sales price of the item and cannot be used to qualify a non-eligible item.
Layaway sales of eligible items do not qualify for the holiday.
Mail, Telephone, and Internet Sales
Sales of eligible items that were placed or ordered by mail, telephone, or the internet are not subject to Sales Tax if the purchaser orders and pays for the items during the Sales Tax Holiday and the items are less than the $100.00 threshold.
Shipping and Handling Charges
Shipping and handling charges are not to be included as part of the sales price of eligible items in determining whether items meet the $100.00 threshold.
Eligible items purchased during the Sales Tax Holiday using a rain check qualify for the holiday only if the rain check is redeemed during the Sales Tax Holiday. If it is redeemed after the holiday, the purchase is subject to Sales Tax.
Refunds and Exchanges
If an eligible item was purchased during the Sales Tax Holiday and returned after the holiday for credit on the purchase of a different item, Sales Tax is applied to the sale of the newly purchased item. For example, a customer purchases a $35.00 shirt during the Sales Tax Holiday. After the holiday, the customer returns the shirt, receives a credit for the shirt, and then buys a $35.00 jacket. Sales Tax is due on the $35.00 price of the jacket since the jacket was not purchased during the holiday. If an eligible item was purchased during the Sales Tax Holiday and later exchanged for the same item but it’s a different size, different color, etc., then Sales Tax is not to be charged even if the exchange is made after the holiday. For example, a customer purchases a $53.00 shirt during the Sales Tax Holiday and returns the shirt in exchange for another size of same style of shirt after the holiday; Sales Tax is not due on the exchanged shirt. If eligible items were purchased before the Sales Tax Holiday but during the holiday the item was returned and a credit was received on the purchase of a different eligible item, then no Sales Tax is due on the sale of the new item if the new item is eligible for the holiday.
In 2019, the legislature amended the tax holiday to include school supplies in the tax holiday. Electronics such as laptops or tablets are not listed as eligible school supplies. The Department of Revenue lists these items as eligible during the tax-free weekend:
Binder pockets and binders
Clays and glazes
Dictionaries and thesauruses
Folders: expandable, pocket, plastic and manila
Glue, paste and paste sticks
Index card boxes and index cards
Paintbrushes for artwork
Paints: acrylic, tempera and oil
Paper: loose-leaf ruled notebook paper, copy paper, graph paper, tracing paper, manila paper, colored paper, poster board and construction paper
Pencil boxes and other school supply boxes, pencil sharpeners, pencils and pens
Reference books, reference maps and globes
Sketch and drawing pads