Sales Taxes for Food Takeout and Third-Party Delivery Services: Key Issues for Registration, Reporting, Compliance

Note: CLE credit is not offered on this program

Recording of a 110-minute CPE webinar with Q&A

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Conducted on Tuesday, February 23, 2021

Recorded event now available

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Course Materials

This course will provide tax professionals guidance on sales tax issues for food takeout and third-party delivery services. The panel will discuss sales tax collection laws and their application to restaurants who use third-party delivery service providers such as GrubHub, Uber Eats, and DoorDash. The panel will also discuss key issues in collecting and remitting sales tax as a marketplace facilitator, the taxability of what the restaurant is selling, and methods to maintain compliance.


During the pandemic, many restaurants and bars switched to a business model focused on using third-party service providers for food takeout and delivery. Food delivery services such as DoorDash, GrubHub, Postmates, and Uber Eats face increasing scrutiny on their sales tax compliance practices, which also causes significant compliance issues for the restaurants and bars that use them.

State tax rules post-Wayfair continue to create issues and unanticipated consequences for online sellers. The changes in sales tax compliance standards in these states significantly impact restaurants and bars that use third-party food takeout and delivery services apps. These businesses are now often considered to be marketplace facilitators and responsible for sales tax collection and remittance, rather than the restaurants and bars themselves.

Tax professionals must be aware of the differences in state sales tax treatment of food takeout and delivery. In some states, restaurant meals are subject to sales tax, whether served on the premises, to go, or delivered. In other states, sales tax for food takeout or delivery is different than the rules for dining on the premises. Some states have set parameters for the taxability of food takeout or delivery based on various conditions.

Listen as our panel discusses sales tax collection laws and their application to restaurants that use third-party delivery service providers, state taxability standards, exemptions, and best practices in collecting and remitting sales tax as a marketplace facilitator.



  1. Sales tax concepts applicable to food delivery and takeout
  2. Problematic scenarios and issues to anticipate
  3. Compliance; collection, remittance, and documentation
  4. Ongoing compliance demands
  5. States that pose particular issues


The panel will discuss these and other key issues:

  • Is a food delivery service actually a marketplace facilitator?
  • How can you determine if the sale of delivered food is subject to sales tax?
  • What are the larger states' particular rules on food takeout or delivery and sales tax?
  • What other considerations exist for sales through a delivery service?


Cook, Jeffrey
Jeffrey M. Cook

Senior Manager

Mr. Cook provides thought leadership for the SALT practice by authoring internal and external publications; tracking...  |  Read More

Tannenbaum, Ryanne
Ryanne Tannenbaum
Manager, State and Local Tax

Ms. Tannenbaum has over 5 years of experience advising multinational clients on indirect tax matters with a primary...  |  Read More

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