Are sales taxes collected from customers included in the Gross Sales calculation for Ella Cafe?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
"Gross Sales" Gross Sales is the total Selling Price of all services and products and all income of every other kind and nature related to the Coffee House, including income related to catering operations and special events and the full value of beverages or meals provided to Franchisee's bona fide employees as a benefit of their employment (except Franchisee may deduct from Gross Sales the value of any employee discounts that are given during the week in which the food and beverages are provided), whether for cash or credit and regardless of collection in the case of credit. Gross Sales does not include (a) receipts from any public telephone, vending machine, or video games installed in the Coffee House, except for Franchisee's share of the revenues; (b) sales (or similar) taxes that Franchisee collects from Coffee House customers if such taxes are transmitted to the appropriate taxing authority(ies); (c) proceeds from isolated sales of trade fixtures that are not part of the products and services offered at the Coffee House and that do not have any material effect on the operation of the Coffee House; (d) tips or gratuities paid directly by Coffee House customers to Franchisee's employees or paid to Franchisee and then turned over to employees by in lieu of direct tips or gratuities; or (e) returns to shippers or manufacturers; and (f) amounts paid to, collected by, or shared with third-party food ordering and delivery systems with which we allow the Coffee House to do business, including but not limited to UBER EATS, DOORDASH, and FAVOR. Gross Sales also does not include proceeds from the sale of gift certificates or stored value cards, but it does include the redemption value of gift certificates and stored value cards at the time purchases are made. Franchisee is responsible for the accurate reporting of gift certificate and stored value card sales and the corresponding impact on Gross Sales. Franchisee has until 30 days after the end of Franchisor's fiscal year to notify Franchisor of any errors Franchisee made in calculating Gross Sales as those errors relate to the reporting of gift certificate and stored value card sales.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, gross sales are defined as the total selling price of all services and products, including income from catering and special events, as well as the full value of beverages or meals provided to employees as a benefit. However, the calculation of gross sales for Ella Cafe specifically excludes sales taxes that the franchisee collects from customers, provided that these taxes are then transmitted to the appropriate taxing authorities.
This exclusion of sales taxes from gross sales is a common practice in franchising, as it ensures that franchisees are not paying royalties on money that is simply being passed through to government entities. For a prospective Ella Cafe franchisee, this means that the royalty fees they pay to Ella Cafe will not be based on the sales tax collected. This distinction is important for financial planning and understanding the true revenue on which royalties are calculated.
It is important for franchisees to maintain accurate records of sales tax collected and remitted to ensure compliance with both the franchise agreement and tax regulations. The Ella Cafe franchise agreement stipulates that franchisees are responsible for accurately reporting gift certificate and stored value card sales and their impact on gross sales, and have a limited time to correct any errors in these calculations. This highlights the importance of proper accounting practices and adherence to the franchisor's reporting requirements.