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Card fees · States2 min read

States push bills to stop card fees on sales tax and tips

Bills in Pennsylvania, Massachusetts and New Jersey would stop card fees on sales tax and tips, and they could pass within weeks.

By the Dashline deskSource: Payments Dive
States push bills to stop card fees on sales tax and tips
Photo: Payments Dive

Lawmakers in three states are pushing bills that would stop card fees from being charged on sales tax and, in two cases, on tips. Pennsylvania, Massachusetts and New Jersey could pass their bills before their sessions end, between Nov. 30 and Jan. 5, 2027. Shops and restaurants would be the ones to benefit, at least on paper.

What the bills do

Every time a customer pays with a credit card, the bank that issued the card charges the merchant a fee called interchange. Today that fee applies to the full amount, including sales tax and any tip. The bills say merchants should not pay it on money they collect for the state or hand to staff.

  • New Jersey Senate bill 4360 bars interchange on tax and tips, with a companion Assembly bill 5014.
  • Massachusetts Senate bill 688 covers tax and tips. It has no House companion.
  • Pennsylvania House bill 2090 covers sales tax, with a Senate companion, bill 1202.
  • All three call for money penalties for anyone who collects the fee.

Why sponsors say it is unfair

New York Assemblyman John T. McDonald III, a pharmacist, said a liquor store owner told him he gets hit with a fee for collecting sales tax for the state. McDonald says New York pays merchants to collect the tax, but usually not enough to cover the fee. His own bill sat in committee when the Assembly adjourned in June.

The catch for card users

The bills try to block workarounds. New Jersey and Massachusetts would bar higher rates on the rest of the purchase to make up for lost fee income. Pennsylvania would bar networks from raising other fees to get around the rule. Whether prices or card rules change for shoppers is not clear.

A legal cloud

Illinois already passed a similar law, the Interchange Fee Prohibition Act, and it is being challenged in court. Oral arguments are expected in late January before the Seventh Circuit appeals court in Chicago. Scott Talbott of the Electronic Transactions Association, a payments trade group, warned that passing a law before that case is settled would likely draw a lawsuit.

What happens next

The group counts 32 card-fee bills in 20 states this year. Since 2025 the count is 75 bills in 32 states. The New Jersey bills are in committee, and Pennsylvania adjourns Nov. 30. The Massachusetts bill was sent for further study, with results due by year end. None has passed yet.

The takeaway

Three states could cut card fees on sales tax and tips soon, but a court fight in Illinois may decide how far such laws can go.

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