Question

Potato chips, Kit-Kat bars and Viagra are not taxed in Wisconsin because they are considered "essential."

Answer 1

I actually work at Walmart, so I have some personal knowledge on this. When I started working, Illinois didn't tax food products. I believe this was in response to the Covid-19 pandemic, so it was a temporary law that has since expired, but it looks like Wisconsin still has something like that. 

I am by no means a legal expert, so I do not know the full story on special circumstances and the lot, but the State of Wisconsin Department of Revenue simplifies it like so:

In general, the sale of food for human consumption is exempt, with the following exceptions as defined in sec. Tax 11.51(3), Wis. Adm. Code:

• Candy
• Dietary supplements
• Prepared food
• Soft drinks

Source: https://www.revenue.wi.gov/Pages/FAQS/pcs-topics.aspx

With these guidelines, potato chips would count as tax-exempt food. It doesn't include candy, though the exact qualifications for candy sometimes get tricky. I was not able to find any more specifics on what meets the requirements for being tax-exempt-- including the verdict on Viagra--, however the Milwaukee Journal Sentinel fact-checked the statement as true. They're bound to have people with more legal knowledge than me, so I trust their interpretation. 

Here's the fact-check: https://www.jsonline.com/story/news/politics/politifactwisconsin/2023/11/03/fact-check-of-sen-agard-on-taxation-of-kit-kats-and-viagra/71414168007/

And here's their sources (which include the full laws):

Twitter, Senator Melissa Agard, July 27, 2023

Email exchange, Chandra Munroe, Communications Director for Office of Senator Melissa Agard, Oct. 11, 2023

Press release, “Senator Agard Introduces Menstrual Products Legislation,” Oct. 16, 2023

Tax 11.51 - Grocers' guidelist, (Accessed Oct. 11, 2023)

Tax 11.45 - Sales by pharmacies and drug stores, (Accessed Oct. 11, 2023)

Streamlined Sales Tax Governing Board, “Classification of products as candy or food or food ingredients,” (Accessed Oct. 11, 2023)

Office of Melissa Agard, “Senator Agard Introduces Bipartisan Legislation Exempting Menstrual Products and Diapers from State Sales Tax.” March 2, 2021

The purpose of the statement originally posted was to draw attention to how menstrual products are taxed as a "luxury product" when they are a necessity for people to be able to function in society without making every chair they sit on look like it's fresh off the set of the latest slasher film. If even junk food, candy, and Viagra are all considered necessity enough to not be taxed, then why should something like tampons be considered a luxury product. I'm going to stop talking now before I go into a full rant about this, but here's the press release of the statement.

https://legis.wisconsin.gov/senate/16/agard/media/1275/pr-senator-agard-introduces-bipartisan-legislation-exempting-menstrual-products-and-diapers-from-state-sales-tax.pdf

Comments

I really like how you added your own individual experience into this fact check. It not only made is appear more legitimate but it also makes it far more unique.

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I agree mrock6, this claim is well fact checked and provides numerous sources. Well done!

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I believe your personal experience adds another level to this fact check. You provided multiple credible sources in addition to what you've seen with your own eyes which is a very credible fact check!

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Echoing off on some of the other comments, after reading both the claim and your response, I felt like this was thoroughly fact-checked, and adding your own personal experience additionally affirmed this claim.

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This is a fantastic fact check and I thought you adding the reason this statement was made helped me understand the context surrounding the statement. Context is so important to ensure accurate fact-checking, especially when statements like these are used as a comparison and for a cause. I like that you added the original source as well.

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I think you did a great job on this fact check! I appreciate the fact that you included your own experience. I appreciate that you included links to all your information and that you included that you aren't experienced in law. I think this was a great fact check!

Answer 2

This claim is true, citizens in Wisconsin do not have to pay taxes for Photo Chips, KitKat bars, and Viagra because they are considered essentials. According to the Politi fact, “Under the tax code, all food is exempt from the sales tax, unless it’s considered "candy," "soft drinks" or "prepared food." Based on this law, photo chips are exempt because they do not belong to these three categories, KitKat bars are exempt because they are not considered candies due to flour as its ingredient, and Viagra is also a tax-exempt item because it is a prescription drug.

 

PolitiFact | It's true: You don’t have to pay taxes on KitKat bars and Viagra in Wisconsin

Comments

great fact-checking, everything is clear and concise and the information about the law is very well stated.

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Ah, so that's why Kit-Kats are allowed. The way items are qualified can be very interesting. Good to know!

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Good job fact checking and providing reputable evidence! I like how you contextualized the situation as well!

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Thanks for explaining why KitKat bars are not considered a candy (flour content!). Photo chips = potato chips? :)

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I really like how straightforward your factcheck is! I think adding another souce may help reinforce your statement, but good job!

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To give more context regarding the claim that prescriptions are tax-free in Wisconsin, according to Tax 11.45(2)(d) of the Wisconsin Legislature, "Drugs are exempt from the tax if prescribed by a licensed physician, surgeon, podiatrist or dentist to a patient, who is a human being, for treatment and dispensed on prescription filled by a registered pharmacist in accordance with law."
https://docs.legis.wisconsin.gov/code/admin_code/tax/11/VII/45/2/d/2#:~:text=(b)%20Drugs%20are%20exempt%20from,pharmacist%20in%20accordance%20with%20law.

The specification between what is considered candy and what is not can be found here.
https://docs.legis.wisconsin.gov/code/admin_code/tax/11/vii/51/3/a

Answer 3

This a true claim. Potato chips, Kit-Kat bars, and Viagra are not taxed in Wisconsin. To confirm this claim, I read an article by the Milwaukee Journal Sentinel, the largest and most read newspaper in the state of Wisconsin. In this article, Sophia Voight fact checks this claim. In Wisconsin, all food is tax exempt. This includes potato chips. It may come into question whether or not a Kit-Kat is a food or just candy. Kit-Kats are identified under "cookies" instead of "candy" due to the ingredient of flour used in the wafers of Kit-Kats. The state of Wisconsin also has tax free prescription drugs. That includes, but is not limited to Viagra. So this claim ends up being true as the tax code allows food and prescription drugs to be tax exempt.

https://www.jsonline.com/story/news/politics/politifactwisconsin/2023/11/03/fact-check-of-sen-agard-on-taxation-of-kit-kats-and-viagra/71414168007/

Answer 4

This statement seems to be true. According to Tax Foundation, potato chips at a convenience store will not be taxed, but if you were to go to a deli or other locally owned restaurant, the chips can be subjected to sales tax. As far as Kit Kat bars and Viagra go, according to Milwaukee Journal Sentinel, these things are also exempt from tax because of their considered "essential-ness." Kit Kats are exempt because they are considered a cookie rather than a candy, and erectile dysfunction medicine is also considered an essential item. The tax code allows for this statement to be true. 

https://taxfoundation.org/data/all/state/sales-taxes-on-soda-candy-and-other-groceries-2018/#:~:text=A%20bag%20of%20potato%20chips,subject%20to%20the%20sales%20tax.

https://www.jsonline.com/story/news/politics/politifactwisconsin/2023/11/03/fact-check-of-sen-agard-on-taxation-of-kit-kats-and-viagra/71414168007/#