Menstrual Products are Taxed in 40 States. Here’s What You Can Buy Tax-Free

Tax Essay PhotoCosmopolitan dubbed 2015 “The Year The Period Went Public” and NPR called it “The Year of the Period.” Here at the Ms. Blog, I predicted that 2016 would be an even bigger, bolder year for menstrual equity: “The Year Period Policy Prevailed” (which I swiftly reconsidered to “That Time President Obama Talked About Tampons”).

Yes, last month the Leader of the Free World decried the “Tampon Tax”—the sales tax that 80 percent of the U.S. states levy on tampons and other menstrual products—following a bold, live inquiry made by YouTube star Ingrid Nilsen. The New York Times issued an editorial urging states to scrap the unfair tax. Even The Daily Show’s Jessica Williams made a similar primetime plea. (“Yeah, I said it!” she exclaimed after wrapping up a segment on feminism and presidential politics with a fist-raised call for “No Tax On Tampons.”)

Since January, there has been a flurry of activity in state houses across the country, with “Tampon Tax” bills introduced or resurrected in CaliforniaConnecticut, Michigan, New York, Utah, Virginia and Wisconsin, most with bipartisan sponsorship. The City of Chicago introduced a comparable ordinance, along with a statement of approval from Mayor Rahm Emanuel.

As legislation advances, questions about revenues and budgets—California collects about $20 million annually in sales taxes on tampons and pads, Utah collects $1 million—and debates about equitable policy surely will emerge.

Already in Utah, an all-male committee swiftly voted to reject the proposed Hygiene Tax Act, claiming the need to avoid subjective exemptions in the tax code and a concern that lost revenues would have to be recovered elsewhere. (Perhaps by a levy on a product used by the whole population?) Yet, as Fusion’s Taryn Hillin points out, there’s already plenty of subjectivity in Utah’s tax code and a plethora of random sales tax carve-outs—from arcade games to snowmaking equipment—from which the state could recoup lost revenue.

As for the other 39 states that rely on women’s periods to bolster their budgets, I’ve examined the tax code of each to highlight a selection of curious items for which sales-tax exemptions have been made, while tampons and pads continue to be taxed:

Alabama: Casings used in molding or forming wieners and Vienna sausages

Arkansas: Purchase of kegs by wholesale manufacturers of beer

Arizona: Asses, sheep and swine

California: Pop-Tarts

Colorado: Bagged salads

Connecticut: Subscription magazines

Florida: Marshmallows

Georgia: Tattoos and piercings

Idaho: Chainsaws (over $100)

Illinois: Beef jerky

Indiana: BBQ sunflower seeds

Iowa: Kettle corn

Kentucky: Pixie Stix

Kansas: Entry fees for National Hot Rod Association

Louisiana: Specialty items for Mardi Gras celebrations

Maine: Bibles

Michigan: Doughnuts

Mississippi: Coffins

Missouri: Bingo supplies

Nebraska: Zoo and aquarium admissions

Nevada: Newspaper ink

New Mexico: Souvenirs at minor league baseball stadiums

New York: Fruit Rollups

North Carolina: Meals served at fraternities and sororities

North Dakota: Pastries

Ohio: Gift certificates

Oklahoma: Tickets to professional baseball, basketball, football and hockey games

Rhode Island: Golf club memberships

South Carolina: Sweetgrass baskets

South Dakota: Entry fees for rodeo participants

Tennessee: Fishing tournament registration fees

Texas: Seasoned croutons

Vermont: Garter belts

Virginia: Leasing of films for public exhibition at motion picture theaters

Washington: Christmas tree production

West Virginia: Manicures and massages

Wisconsin: Gun club memberships

Wyoming: Swimming pool and athletic facility admission

A noteworthy observation: Federal law requires that all eligible purchases made using food stamps—tampons and pads are currently ineligble—be exempt from sales tax. This adds fuel to the argument that menstrual products be included in this essential benefits program. It would offer additional financial relief to those who need it most until we’ve done away with the unfair tax nationwide.

If you haven’t already, please sign the national petition—Stop Taxing Our Periods! Period.—directed at the 40 states above. Please also let your legislators know that menstrual equity trumps rodeos, chainsaws and sausages. (Did you ever doubt that it did?)

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Photo courtesy of Laura Epstein-Norris

image-150x150-1Jennifer Weiss-Wolf is a fierce advocate for and frequent writer on issues of gender and politics. A parent of three, her teenage son and daughters often inform and inspire her perspectives on feminism. She is vice president for development at the Brennan Center for Justice at NYU School of Law. 

Comments

  1. Funny that MOST of those items seem likely to be purchased by men. I mean, beef jerky? Entry fees for the Hot Rod Association? Fishing tournament registration fees? Kegs of beer? WTF???

  2. This is such a blown-up misleading issue. Feminine hygiene products are taxed just like any other hygiene product such as deodorant, shampoo, toilet paper, toothpaste, etc.

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