Do I charge sales tax on online orders?
By the Menuthere editorial team · Updated
In most US states, prepared restaurant food is taxable, so your online orders usually carry sales tax at the same rate as in-store — but there is no single national rate, and whether and how much you charge is set by your state and local rules. You collect it on top of the order and remit it to the authorities. Menuthere lets you set a tax rate or line on orders, but you are responsible for the correct rate; this is general information, not tax advice. Updated October 2026.
- There is no national US sales tax rate — it is set by state, county and city, and some states tax prepared food differently from groceries.
- In most states prepared/restaurant food is taxable, so online orders are taxed the same as dine-in or takeout.
- You collect the tax on top of the order and remit it to your state/local authority on their schedule.
- Menuthere lets you set a tax rate or tax line on orders, but the correct rate and filing are your responsibility.
- When in doubt, check your state revenue department or a tax advisor — rules vary and change.
Set your tax line, keep 0% commission
Menuthere lets you add a tax rate or line to your online orders so the total the customer pays is clear, and the money goes to your own account. Menuthere takes 0% commission on the order and does not touch your tax — you collect and remit it under your own rules.
Is prepared food taxable on online orders?
In most US states, prepared or restaurant food is taxable whether the customer eats in, takes out or orders online — the channel usually doesn't change taxability. But states differ: some tax prepared food at the general sales-tax rate, some have a separate meals or prepared-food tax, and a few exempt certain items. Delivery charges may also be taxable in some states. Because the rules are set locally, confirm your own state and city's treatment rather than assuming a flat rule.
| Factor | Who sets it | What to do |
|---|---|---|
| Is prepared food taxable | Your state (often local too) | Check your state revenue dept |
| The rate | State + county + city combined | Use your location's combined rate |
| Delivery charge tax | Varies by state | Confirm whether delivery is taxed |
| Collecting & remitting | You, the restaurant | File on your state's schedule |
Where do I confirm the right rate?
Check your state's department of revenue for whether prepared food is taxable and the current combined rate for your address, then confirm any local meals tax with your city or county. If you sell across multiple locations or states, or you're unsure, a tax advisor or accountant can set the right rates and filing cadence. This page is general information for US restaurants, not legal or tax advice.
Who this is a good fit for
- US restaurants and takeouts that need their online order totals to show the right tax clearly.
- Owners who want a 0% commission ordering tool where they control the tax rate and line.
- Places that collect their own tax and remit it themselves under state and local rules.
Who this is not for
- Owners wanting fully automated multi-state tax calculation and filing: pair your ordering tool with a dedicated tax service or your accountant.
- Anyone needing legal or tax rulings on taxability — ask your state revenue department or a tax advisor.
Common follow-up questions
Is there one US sales-tax rate for online food orders?
No. The rate is a combination of state, county and city tax and varies by location, and some states treat prepared food differently from groceries. Use your own location's combined rate and your state's rules.
Does Menuthere calculate and file my sales tax?
No. Menuthere lets you set a tax rate or line so the order total is correct, but you are responsible for charging the right rate and remitting it. For automated multi-state calculation, pair it with a tax service or your accountant.
Do I charge tax on the delivery fee too?
It depends on your state — some tax delivery charges and some don't. Check your state revenue department's guidance, or ask a tax advisor, before deciding how to treat delivery on your online orders.
Read next
Sources (1)
- Menuthere pricing — 0% commission, you set your own tax line, Menuthere, read 25 October 2026