The sad history of New York’s ‘sandwich tax’

All prepared sandwiches — whether on a bagel, roll, pita or wrap- regardless of filling — are taxed in New York State.

That means once a bagel is sliced, even if it is just toasted, the buyer is schmeared — with the standard New York sales tax of 8.875%.

However, if a person buys a whole bagel and a container of cream cheese in the Big Apple they save some dough — they are not taxed.

“I may just have to get my bagels and slice them myself,” said Upper West Side TV host Darley Newman of PBS’ “Travels with Darley.”

“I’ve tried different iterations of bagels as I’ve traveled all over the world, but I have to say, nothing beats a New York bagel. Please don’t make me pay more … As a bagel connoisseur, I do not consider bagels as sandwiches.They stand alone as beautiful bread goodness.”

The state has been taking a bite out of New York sandwich buyers since Nelson Rockefeller was governor and Robert F. Wager was mayor, when in 1965, the sales tax was amended, according to a Tax Department spokesperson.


Bagel tax
The history of the sandwich sales tax dates back to 1965.
Helayne Seidman

A tax on restaurant meals had been in place since 1934. 

“What constitutes ‘prepared’ has evolved,” said tax lawyer Christopher Doyle, a partner at Hodgson Russ LLP. “It started off as just food in restaurants and morphed as more purveyors of prepared foods appeared on the scene — delis, supermarkets, etcetera.”

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