Businesses dealing in clothing, whether online or not, are bound to ask the question: What is clothing sales tax?
Sales tax on clothes differs because some states exempt them to a certain degree, although they are tangible personal property. Some states categorize clothes as a necessity and, therefore, fully or partially exempt them from sales tax. For both sellers and consumers, understanding sales tax on clothes and its applicable exemptions is essential and advantageous.
After all, sales tax on clothes varies across states. Some states exempt them to a certain degree. Meanwhile, other states categorize clothes as a necessity and, therefore, fully or partially exempt them from sales tax. With the complexity of clothing taxability, there are numerous specific rules and restrictions to digest. In this guide, we’ve made everything easy for your mind to consume.
Find out which clothes are taxed, the sales tax rate for clothing in each state, and which states exempt sales tax on clothing.
Key Takeaways
- Most basic clothing items that are deemed necessary for daily use are generally exempt from sales tax in many states. However, the exemption can be limited, partial, or full.
- Luxury apparel, such as jewelry, designer bags, and expensive clothing lines are commonly subject to sales tax or “luxury tax” in various states.
- A few states offer limited exemptions on the sale of clothing, typically during their state-mandated sales tax holidays.
- Online retailers are still required to collect once they establish a nexus in a taxing state, and they are selling a taxable product.
- Discounted clothing can be subject to taxation, depending on the state’s rules.
What is Clothing Sales Tax?
Clothing sales tax is the tax applied to the sales of taxable clothing and specific apparel. It’s important to know that some states apply sales tax to clothes and some don’t. Depending on the state’s unique rules, the taxability of certain clothes can also vary. This means that the application of sales tax depends on the state where you are buying or selling. For businesses, it’s crucial to know which clothing items are subject to sales tax and which are not.Which Clothing are Subject to Sales Tax?
As mentioned above, every state has different rules when it comes to the taxability of tangible products like clothing. So, how can you tell if clothing is subject to sales tax or not? Despite the varying definitions across states, clothing items are generally recognized as either:- Luxuries or
- Necessities
Luxury Apparel vs Essential Clothing
To further differentiate how to identify which clothing is taxable or not, understanding the difference between luxuries and necessities is a required step.- Luxury Apparel – applies to items that are generally not purchased for everyday use, such as expensive designer clothes and accessories, or garments made from fur
- Essential Clothing – applies to items that are typically purchased for essential daily use, such as casual attire and undergarments that are frequently bought at affordable prices
Examples of Taxable vs Non-taxable Clothing in the U.S
Familiarizing yourself with standard clothing categories helps you identify which clothing items are commonly taxable or non-taxable. For instance, most states classify clothing under accessories, formal attire, or sports wear. Taxable clothing examples:- Accessories: Items like jewelry, non-medically prescribed eyewear, fashionable hats, and designer handbags.
- Fur garments: States that still allow manufacturing fur clothing often subject fur clothing to sales tax, even if the clothing type is exempt. As long as the item is made with fur, it typically overrides the initial sales tax exemptions.
- Formal attire: Generally, clothing such as evening gowns or dresses, tuxedos, and other formal outfits tend to be subject to sales tax, regardless of whether the item is purchased or rented.
- Protective gear: Safety goggles, sturdy hats, and work gloves are usually taxable.
- Sports equipment: Athletic items such as arm bands, protective pads, performance fabrics, helmets, and the like are often taxable. However, some states may offer an exemption to sports wear if the state is encouraging athletic activities.
- Uniforms: Since uniforms are often worn daily, they are recognized as necessities. Therefore, this type of clothing is typically exempt from sales tax in many states.
- Religious attire: To promote religious freedom, some states may exempt religious garments from sales tax.
- Essential garments: Basic apparel used for common daily activities, such as shirts, dresses, trousers, skirts, socks, undergarments, and shoes, are commonly exempt from sales tax.
- Children’s clothing: Most states generally exclude children’s supplies and clothing from sales tax. However, take note that it could either be a full sales tax exemption or a partial one, depending on the state’s rules.
States With No Sales Tax on Clothing
As of February 2026, there are seven states that exempt necessary clothing from sales tax. Those states are: Despite exempting basic clothing from sales tax at the state-level, keep in mind that local sales tax may still apply in some states, such as New York. Additionally, five states have no sales tax in general. Therefore, they also do not apply tax on clothing. Those states are known asthe NOMAD states, comprised of Alaska, Delaware, Montana, New Hampshire, and Oregon. NOTE: While Alaska does not have a statewide sales tax, its various jurisdictions are allowed to levy local taxes. To learn more about these specific exemptions and which states apply sales tax on clothing, check out the table below.State-by-State Guide for U.S Sales Tax on Clothing
Clothing sales tax rates vary significantly among different states. There are also variations in the sales tax exemptions on clothes in different states. Note: Sales tax regulations keep changing frequently. Bookmark this table to keep yourself updated about the latest developments regarding sales tax on clothing.
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Why Clothing Is Taxed Differently Across States
Clothing is taxed differently across states due to a variety of goals or reasons that the authorities may have. Typically, apparels are either taxed to generate revenue for funding state projects or exempted to support local households that are spending on essential items. This system is not only limited to clothing, but it also applies to most goods and services that are subject to sales tax. Depending on the state, the taxability of specific items varies.Sales Tax on Skins or Digital Apparel
Did you know? With the growing popularity of online apps, including games, even “skins” may now be taxable across states. For instance, Washington is steadily expanding its coverage of sales tax on digital goods. This means that even digital clothing in video games and such can be subject to taxation. Meanwhile, Pennsylvania also declared that digital products delivered electronically, digitally, or by streaming are taxable. This also includes “skins” or digital apparel.Clothing Sales Tax Holidays
Some states do not exempt tax on clothing but offer clothing sales tax holidays that may last from several days to weeks. Take note that sales tax holidays vary annually. Most clothing tax holidays happen from July to August for the back-to-school season. Here’s the list of states offering 2026 tax breaks specifically for clothing:- Alabama (Back-to-School): Clothing ($156 or less/item)
- Alaska (Tax-Free Holiday): Most items are exempt
- Arkansas (Back-to-School): Clothing and footwear ($100/item or less) and accessories or equipment ($50/item or less)
- Connecticut (Back-to-School): Clothing and footwear ( $100 or less), accessories, and protective or athletic clothing are not included in this exemption
- Florida (Back-to-School): Clothing, wallets, and bags (up to $100)
- Iowa (Back-to-School): Clothing and footwear (less than $100)
- Maryland (Back-to-School): Clothing and footwear ($100/item or less) and backpacks (only the first $40)
- Massachusetts (Annual Tax Holiday): Tangible Personal Property (up to $2,500)
- Mississippi (Back-to-School): Clothing and footwear (less than $100)
- Missouri (Back-to-School): Clothing (less than $100)
- New Mexico (Back-to-School): Clothing and shoes ($100/item or less) and book bags, backpacks, maps, and globes (less than $100 per item). Retailers are not required to participate.
- Oklahoma (Back-to-School): Clothing and footwear (less than $100), excluding non-essential apparel
- South Carolina (Back-to-School): Clothing, footwear, and clothing accessories
- Tennessee (Back-to-School): Clothing and shoes ($100/item or less)
- Texas (Back-to-School): Clothing and footwear (less than $100) and backpacks, excluding non-essential apparel
- Virginia (Three-Day Sales Tax Holiday): Qualified exempt clothing and footwear (less than $100/item)
- West Virginia (Back-to-School): Clothing (less than $125) and sports equipment (less than $150)
How to Calculate Sales Tax on Clothing?
There are different ways to calculate sales tax on clothing, but for starters, here’s how you can do it yourself. First, list the price of the taxable product, including any taxable shipping charges. After that, take the state’s combined sales tax rate, depending on where you are. Then, convert the state’s combined rate into decimal format. Once you convert the rate into decimal format, multiply the product’s price by the decimal format. The result is your estimated sales tax for that transaction. Here’s the simplified formula breakdown:- Price of Goods + Shipping Fee x
- State Sales Tax Rates +
- Local Sales Tax Rates
- = Your Total Sales Tax
- The taxable clothing product is worth $60 and was purchased in Conway, Arkansas, where clothing is taxable.
- The combined state, county, city, and other local sales tax rates in Conway, Arkansas, are currently at 8.75%.
- Convert the state’s combined sales tax rate into decimal format. 8.75% turned into decimal format is: 0.0875
- Now, multiply the sale price by the decimal format of the combined sales tax rate of the city, county, and state. 60 x 0.0875 is = $5.25
- Finally, add everything to the base sales price to accurately determine the sales tax on the taxable apparel. [Product Price] $60 + [Calculated Sales Tax] $5.25
- TOTAL = $65.25
Sales Tax on Discounted Clothing, Donations, and Returns
The application of sales tax on clothing can become more complex if it involves discounted apparel or garments purchased for donations, including returned items. For both buyers and retailers, knowing how to apply the correct rates is crucial to prevent excess payments and inaccurate tax reports. Here’s a simple scenario to guide you. Let’s say you are purchasing a taxable clothing item in New York. The clothing qualifies as a necessary good that is generally exempt from sales tax in New York as long as the price is under $110. The items you bought are worth $200, and you have a $50 coupon. The calculation goes like this:- $200 minus $50 is $150. This is your discounted purchase price.
- New York’s sales tax exemption on clothing is capped at apparel worth $110.
- Therefore, the entire transaction is still taxable as it exceeded the threshold.
- For that, take the state’s sales tax rate plus any applicable local charges to get the right tax rate.
- 150 (sales price with discount coupon) x
- 0.08875 (New York’s state sales tax rate in decimal format)
- = $13.31 (rounded off sales tax)
- Now, take the calculated sales tax and add it to the price of the discounted apparel.
- $13.31 sales tax + $150 apparel
- TOTAL PURCHASE PRICE: $163.31
When to Collect Sales Tax on Clothing?
Knowing what clothing sales tax is and how it works is one thing, but knowing when to start collecting is another concern most new businesses tend to ask. The short answer: You must start collecting whenever you sell taxable clothing once your business is registered in a state and it has established a sales tax nexus.What is Sales Tax Nexus?
A sales tax nexus is a rule created to define your business presence in a state. You may view it as a bridge that connects your business to a state’s economic system. Once you fully cross that bridge, you formally establish a sales tax nexus with that state. When a sales tax nexus is created, your business is generally required to register in the state and begin collecting and remitting sales tax. But how can you identify once a sales tax nexus exists for your business? Two types of sales tax nexus determine your business’s presence in a state: physical nexus and economic nexus.Physical Nexus
A business establishes a physical nexus by having a substantial physical presence or engaging in enough taxable sales activities within a state. Here are the common factors that create a physical nexus in most states.- Physical Location: Having an office, a place for distribution, sales, or showcasing products, a warehouse or storage facility, or any other place where you conduct business.
- Inventory in the State: Storing products within the state, whether it’s done via a third-party fulfillment center or 3PL (such as Amazon FBA) or an online marketplace.
- Business Representatives: Having employees, independent contractors, agents, or other representatives operating within the state on your behalf.
Economic Nexus
Economic nexus is established based on two common factors.- Total sales revenue and/or
- The number of transactions you’ve had within the state.
Who Needs to Collect Sales Tax on Clothing?
As explained above, you should start collecting once you create a sales tax nexus. Now that you know the two types of nexus, which one can your business trigger?- State-based Businesses: Generally, in-state businesses can quickly establish a physical nexus in the state due to having physical presence, such as having physical stores or warehouses. This often leads local businesses to register almost immediately, unlike remote sellers selling in another state.
- Out-of-state Businesses (Online Sellers): Remotely selling taxable clothes in a state can still make you liable to sales tax obligations once you establish an economic nexus in a state. This means that even if you have no physical presence in the state, businesses must still register for sales tax as long as they create an economic nexus.
How Clothing Retailers Can Stay Sales Tax Compliant
With the complex nature of clothing taxability rules in the U.S., staying compliant feels like a difficult endeavor. To avoid unwanted penalties, here are 5 critical things every clothing retailer should know to stay compliant.- Keep track of your nexus – It’s important to know where you stand in the “invisible bridge” that connects your business to a state’s economic system. Once you cross that bridge and establish a nexus, you’ll have to register and comply with tax regulations. Failure to comply results in penalties that can harm your business.
- Check every state’s specific rules – Never assume that one state’s sales tax rule is the same as another’s. Even if some rules seem common among many states, it’s still best to navigate safely by verifying every individual state’s specific rules.
- Always keep records – Your transactions are proof of your business activities. Once your business creates a nexus, a good practice to stay compliant is to maintain records. These records will help your business stay clear during audits and prevent penalties.
- Identify your product’s taxability – The taxability of clothing varies depending on the state’s specific rules and guidelines. You must know where your product is subject to taxation and where it is exempt, whether partial exemption or not.
- Calculate carefully – Clothing sales tax can be complicated, as each line has to be processed, especially when considering additional discounts and other factors that can alter the default rates. Even a small difference in the report can cost you an audit. When calculating apparel taxes, always be mindful of local surcharges, district taxes, and local option taxes that may apply to your transactions.
Let TaxHero Help Manage Your Clothing Sales Tax
Running an apparel store shouldn’t be too complicated. Let expert accountants at TaxHero handle your compliance concerns. From identifying your taxabilities and filing your sales tax reports on time, we take everything off your hands so you can focus on growing your business. Schedule a call with our CEO and get a FREE DEMO of our software today!Frequently Asked Questions
1. Do online sellers need to collect clothing tax?+
Yes, online sellers must collect and remit sales tax on clothing if they have met nexus in the state.
2. I sell fashion and I need help!+
There is always room for learning when it comes to sales tax. As an online seller, keeping a record of everything by yourself can be challenging, so you should consider outsourcing.
3. How much is tax in the US on clothes?+
The tax on clothes in the US varies by state. In some states, clothes are not subject to taxation at all. To determine the tax rate on clothes in the US, you must identify the state’s total combined rates and see whether it taxes apparel or not
4. What is the sales tax on clothing in NYC?+
The sales tax on clothing in NYC is 8.875%. This rate only applies to the price of taxable clothing and footwear that exceeds the $110 clothing tax exemption threshold. This means if you purchased apparel worth $110.01, the entire transaction becomes taxable.
NOTE: The exemption applies to each item. For example, if you buy 2 shirts costing $100 each, bringing the total to $200, the entire $200-transaction is still non-taxable.
5. What is the sales tax on clothes in Florida?+
The sales tax on clothes in Florida is 6% plus any applicable local surcharges. Generally, most apparel is taxable in Florida. However, an exemption applies to children’s clothing.
