The Terrible Tan Tax

by Garrett Spangler on July 2, 2010

Like many other Philadelphia area residents, I’m spending this Fourth of July weekend on the Jersey Shore. Heading down on this busy holiday weekend (quick shout-out to Brigantine Beach) I noticed the many tanning salons advertising their summer specials and couldn’t help but feel pity.

That’s right, the new tanning tax is terrible. Why you ask?

Well, I’m not personally concerned about paying more for my tans. I know it will probably surprise you but I don’t consider bronze skin to be one of my greatest attributes the way Snooki may. In fact, if you catch me on the beach I’ll probably just be sporting my nice fluorescent light office glow or farmer’s tan at best. I don’t think it’s terrible to have a tanning tax either. Studies seem pretty clear that tanning contributes to the development of skin cancer so I’m on board with that.

No, I think the new tanning tax is terrible because much like Denise Richards, its complicated.

People often complain about the complexity of the tax code and the new tanning tax is a glowing example which justifies such concerns. Let’s take a look at the tax, shall we?

Ultraviolet tanning in a bed is taxable. Spray tanning is not taxable. Free tanning at a spa, video rental store, or other location may be taxable. Use of ultraviolet tanning devices by physicians for skin related conditions are not taxable. Tanning salons offering both spray and ultraviolet tans as part of membership packages have to tax the use of ultraviolet tans only, so it must be tracked and prorated by individual usage. Free tanning in a bed at a health club is not taxable. Tanning salons adding a couple treadmills or an exercise class will still remain taxable.

Great, clear as mud.

While the details of laws need to be fleshed out, they are frequently overcomplicated. As much as I like the idea of taxing things that are harmful to your health, a law like this needs to be simple to implement and enforce. I can’t help but think the IRS and tanning salon owners are going to have quite The Situation on their hands trying to sort this one out.

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