States Rain Down Taxes on Fourth of July Celebrations

No Fourth of July celebration is complete without fireworks, and Americans are willing to pay for their colorful displays of patriotism. According to the American Pyrotechnic Association, Americans spent over $1.2 billion on fireworks in 2017, with consumer fireworks accounting for $885 million of that. Some states see this as an attractive source of revenue, and have imposed excise taxes and licensing fees on fireworks sales.

Currently, six states impose statewide excise taxes on fireworks sales, and another two permit excise taxes in select localities. These taxes are imposed on top of each state’s existing sales tax, and range from 2 percent in Texas to 12 percent in West Virginia and Pennsylvania.

Pennsylvania’s 12 percent tax is new this year, and heading into Independence Day weekend, local fireworks dealers are not happy. Pennsylvania instituted the tax and legalized the sale of consumer-grade fireworks to its residents simultaneously, which might seem like a fair trade. However, anyone who has driven across the state’s borders knows that roadside stands have long done a brisk trade selling consumer-grade fireworks to nonresidents. Now these transactions – along with the sale of Roman candles and firecrackers – are subject to a high excise tax.

At this point, many shoppers are unaware of the new tax. According to retailers, the tax has disrupted many shoppers’ annual tradition of traveling to Pennsylvania to buy fireworks, with some shoppers even leaving behind full shopping carts to go to another location. Phantom, a major retailer, has begun issuing notices in its magazines encouraging shoppers to drive to Ohio, where there is no added tax.

With the exception of Maryland, all states which permit the sale of fireworks – whether they only legalize sparklers and Pop-Its or permit the sale of 500-gram repeaters with names like “Hypersonic X-Celerator” – charge a retail registration fee, essentially a license for the privilege of selling fireworks. These fees are as varied as fireworks themselves and range from trivial $5 paperwork charges in Coventry, Rhode Island, to $20,000 permits for 15,000-square foot stores in Pennsylvania. These license and permit fees are a hidden cost for consumers.

In some areas, nonprofits sell fireworks as a fundraising activity. Licensing fees can be particularly burdensome for such operations. For example, if a community organization wanted to sell fireworks in Maine to raise revenue, it would have to pay a $5,000 fee, which would be prohibitive for many organizations. By contrast, Guernsey, Wyoming, takes this into account and allows nonprofits to pay a discounted fee of $25.

The following tables shows fireworks excise tax rates in the eight states which currently impose such a tax, and retail license fees for all states. Will your Independence Day celebrations be taxed?