ST. LOUIS(RNS) On Sunday (Nov. 1), Missouri began to enforce a sales tax on what many see as a spiritual pursuit — the practice of yoga.
The debate between Missouri’s yoga community and the state centers on whether yoga is a spiritual practice or just exercise. If it’s one, it’s constitutionally protected and can’t be taxed. If it’s the other, Missouri’s cash-strapped budget has a new source of revenue.
On Monday, yoga studio owners pledged to fight for their students and educate state legislators about yoga’s spiritual roots.
Last year, a similar First Amendment battle broke out in Washington when that state began including yoga studios in a group of recreational organizations that had to charge customers a sales tax. Yoga practitioners, teachers and studio owners in Seattle and around the state came together to show legislators and the Department of Revenue that yoga was different from other physical activities.
“They told us that yoga is more than just staying physically fit; it’s more of a spiritual and mental type of exercise,” said Mike Gowrylow of the Washington Department of Revenue. “After they educated us, we agreed they had a point.”
The state decided to leave yoga studios alone. South Dakota and West Virginia, however, do enforce a sales tax on yoga studios.
The Missouri yoga community and the state’s Department of Revenue are now at similar cross-purposes. Like many states, Missouri leaders are looking to alternative sources of revenue as budgets tighten. If the state prevails, it will be the only one in the country to levy sales taxes on the spiritual services provided by yoga studios.
“The Missouri Supreme Court has held that athletic and fitness clubs are places of recreation and therefore fees paid to these types of businesses are subject to sales tax,” David Zanone, manager of the Missouri Department of Revenue’s taxation division, wrote to 140 yoga and Pilates studio owners in a letter dated Oct. 13. “Yoga centers offer the same types of fitness services that the Missouri Supreme Court has held are taxable.”
A Missouri statute mandates 4 percent tax on fees charged for athletic events like professional baseball games, fitness club memberships and other entertainment, amusement or recreation businesses.
Yoga teachers say the service they provide is not recreation, but a form of physical preparation for meditation, based on ancient Hindu texts, with the ultimate goal of spiritual enlightenment.
But even yogis concede the American interpretation of yoga that has blossomed, especially in the last 30 years or so, has become popular for its stress-reducing properties and physical health benefits.
There are dozens of different styles of yoga. Practitioners can be found both in traditional gyms, among free weights and elliptical machines, and in self-contained studios whose owners are more inclined to teach yoga’s spiritual foundations.
That tension — yoga as meditation versus yoga as exercise — is at the heart of the argument that yoga teachers plan to make to Missouri legislators in coming weeks.
For years, the state has simply not required yoga studios to charge a sales tax.
“A lot of studios felt safe because they were primarily offering yoga classes,” said Lucy Holmes, who teaches yoga at a number of area studios. “But a lot of us thought this was a sleeping dog that might come back and try to bite us, and now it has.”
Mike Shabsin, an attorney at Sher & Shabsin who teaches yoga at Big Bend Yoga Center at Webster Groves, said he didn’t know why Missouri had exempted yoga studios from the sales tax for so long, but his plan is to restore that exemption and to make it permanent.
“Washington and Connecticut have carved out exemptions for yoga, tai chi and qigong as spiritual practices, and centers that teach those techniques are excluded from sales taxes for that reason,” Shabsin said.
“Our hope is that Missouri will recognize the same thing.”
In a statement, the Missouri Department of Revenue said the sales tax for yoga studios “has long been on the books” and “was recently clarified” by a 2008 Missouri Supreme Court case. The department, it said, is not seeking retroactive payments and “will consider religious exemption issues on a case-by-case basis.”
Two weeks ago, yoga studio owners and teachers in the area gathered to discuss how to respond to the state’s decision to begin collecting sales taxes on Nov. 1. The group, organized under the umbrella organization Spirit of Yoga St. Louis, decided to focus on education, including a Legislative Yoga Awareness Day, and meetings with state lawmakers.
Shabsin said the group will encourage legislators to come up with a definition for a “place of amusement, entertainment or recreation.”
“We feel that yoga taught in a studio is actually instruction on an ancient spiritual practice, not an amusement, entertainment or recreation,” he said.
By TIM TOWNSEND
(Tim Townsend writes for The St. Louis Post-Dispatch in St. Louis, Mo.)
Copyright 2009 Religion News Service. All rights reserved. No part of this transmission may be distributed or reproduced without written permission.



posted November 4, 2009 at 6:53 pm
Looks like MO will have yet another source of revenue!
posted November 4, 2009 at 8:08 pm
I would hope Missouri will have the decency of Washington, and other states to see that this is a spiritual pursuit after studying into it. If they are going to tax Yoga, which is what it is, spiritual, and meditative, then they will have to start taxing all the many churches in the state, as well.
posted November 4, 2009 at 10:10 pm
There should be a way to distinguish between an exercise class and a spiritual experience. What about whether it’s necessary to pay to participate? If people can and do remain in good standing without paying or contributing call it a spiritual experience? Of course some churches may not allow people to remain in good standing when they don’t contribute.
Just a suggestion. Any others?
posted November 5, 2009 at 10:53 am
I want to play chess with these guys – I may actually win. They don’t seem capable of looking very far down the road. All the Yoga folks have to do is form non-profit organizations for the spiritual practice of yoga and instead of paying for classes, people pay to the organization which then offers “open” yoga sessions. These organizations might even help people with their health insurance costs – a win/win, except for the legislature.I even knew a bagel shop that pulled this off once. You couldn’t buy their bagels unless you joined their “club” – it became the most popular organization in town! I think the Sate legislators need to think this through a little more. Meanwhile, any of them want to play chess?
posted November 5, 2009 at 1:09 pm
Great Idea Jestrfyl.
posted November 9, 2009 at 1:30 pm
I did some yoga stuff for my back, it was relieving medically but nothing spiritual about it at all unless you consider everything spiritual. I think religious is a better qualifier.
posted November 10, 2009 at 4:11 am
Hi,
Yoga is beneficial for the health in ways that modern science is just beginning to understand. Even though it has beenapplied with therapeutic intention for thousand of years, Yoga Therapy is only just now emerging as a discipline initself.
More health care practitioners are starting to include yogic techniques in their approach to healing — andmore yoga teachers give a therapeutic intention to their teaching. People who have never tried yoga before are startingto consider including Yoga in their treatment plan.
As science begins to document the importance of understanding the interrelation of all existing things, it looks to Yogawith an intrigued eye, for Yoga speaks Unity in every word. As yoga techniques are researched and new data is gathered,it becomes easier for science and the medical establishment to understand and accept the benefits of Yoga Therapy.Yet there is still not one consensual definition of the discipline.
In order to arrive to an adequate definition and tocome up with proper standards for Yoga Therapy, it is crucial at this early stage to properly address some delicateprofessional and ethical issues. At the same time it is important to educatethegeneralpublic about Yoga Therapy’sbenefits and careful use.
so this article will really helpful to me..
posted November 24, 2009 at 9:48 am
For years, people have been callously stealing Hatha (and other forms) Yoga from the Hindus. These people have created an exercise business/industry or vague “spirituality.” Now, these same selfish people seek tax-exemption. These types need to either get out of the Yoga business, or:
1. Become Hindus
2. Present the various Yogas in their proper Hindu context.
3. Be content with donations (true to all religions).
Swami Param
Dharma Yoga Ashram (Classical Yoga Hindu Academy)