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M61. Do food items purchased by a restaurant that are ingredients in menu items for sale to customers constitute "purchases from other firms?"

Yes. Under MCL 208.1113(6), "purchases from other firms" includes:

(a) Inventory acquired during the tax year, including freight, shipping, delivery, or engineering charges included in the original contract price for that inventory.

* * *

(c) To the extent not included in inventory or depreciable property, materials and supplies, including repair parts and fuel.

Under MCL 208.1111(4), "inventory" means:

(a) The stock of goods held for resale in the regular course of trade of a retail or wholesale business, including electricity or natural gas purchased for resale.

(b) Finished goods, goods in process, and raw materials of a manufacturing business purchased from another person.

While a restaurant is not a manufacturing business or a wholesaler, it is a retailer. That is, a restaurant sells tangible personal property to others for use or consumption in the ordinary course of business. Furthermore, the food items purchased by a restaurant that are menu items - or are ingredients in menu items - sold to customers constitute a stock of goods held for resale in the ordinary course of the restaurant's trade.


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