United States

Credit card processing and merchant services in the United States

Visa caps credit card surcharges at 3%, Mastercard at 4%, and some states go further. Here's how the national and state rules fit together, with the official sources.

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Three layers of rules decide how a US business can take card payments. The card networks write the first one. Visa and Mastercard publish the interchange rates your processor passes along, and they cap credit card surcharges: Visa at 3%, Mastercard at 4%, and neither lets you charge more than your own cost to accept the card. Federal law adds the second layer, including the Regulation II cap on what large banks can earn when your customers pay by debit. The states write the third, and that's where the map gets patchy.

Connecticut bans surcharges for any payment method. Massachusetts bans them on credit cards. Colorado allows them but caps them at 2% or your actual processing fee, and it spells out the wording your sign has to use. Sales tax is just as local: each state sets its own rate, many let cities and counties add theirs on top, and some states, including Delaware and Oregon, have no general sales tax at all.

The table below shows where each state stands, and each state page links the statute or agency guidance behind its status. A terminal setup that's fine in one state can break the law one state over, so it's worth five minutes before you change how you charge.

Here's where Clearo fits. We price card processing on interchange-plus, so your statement shows what the card networks charge and what we charge, line by line. You won't sign a long-term contract or pay a fee to cancel, and every US account is assigned a dedicated rep. If you're thinking about a surcharging program, we check your state's rules before anything goes live.

Not sure what you pay today? Send us a recent statement for a free statement review and we'll show your effective rate and the fees worth questioning.

Facts on this page were last checked on October 6, 2026.

Rules that apply across the United States

National card network and federal rules apply everywhere in the United States. Each state can add its own rules on top, listed in the table below.

Visa credit card surcharges

Visa caps a credit card surcharge at your merchant discount rate for that card or 3%, whichever is lower. You must notify your acquirer, the bank or processor that handles your card payments, at least 30 days before you start.

Post the surcharge at the point of entry and the point of sale, and show it as a separate charge on every receipt. Visa debit and prepaid cards can't be surcharged, even when a debit cardholder chooses "credit" at the terminal.

Sources: Visa, U.S. Merchant Surcharge Q and A; Visa, Credit card processing fees and interchange rates

Mastercard credit card surcharges

Mastercard caps a brand-level surcharge at the lower of your average effective merchant discount rate for Mastercard credit or 4%. Debit Mastercard and Mastercard prepaid cards can't be surcharged.

Mastercard says it isn't currently requiring merchants to register their intent to surcharge while it revises its notification rules, so confirm the current process with your processor before you start.

Sources: Mastercard, Credit card surcharge rules and fees for merchants; Mastercard, Submit merchant surcharge form

State law can be stricter

The network caps are a ceiling, and state law can lower it or rule surcharges out. Connecticut bars a surcharge on any method of payment, Massachusetts bars surcharges on credit cards, and Colorado caps them at 2% or your merchant discount fee and sets the wording of the required sign.

The table below shows each state's status, and each state page links its source.

Sources: Connecticut Department of Consumer Protection, What is the Connecticut surcharge law; Massachusetts General Laws, Chapter 140D, Section 28A; Colorado General Assembly, SB21-091 Credit transaction charge limitations

Debit cards and Regulation II

Federal Regulation II caps the interchange that large card issuers, those with $10 billion or more in assets, can receive on a debit transaction: 21 cents plus 0.05% of the sale, plus a 1 cent fraud-prevention adjustment for issuers that qualify. Smaller issuers are exempt from the cap.

On a $100 sale, that cap comes to 27 cents. On a $5 coffee, the same formula comes to about 22 cents, a far bigger share of a small sale.

Sources: Federal Reserve, Regulation II: Debit card interchange fees and routing; Federal Reserve, Regulation II interchange fee standards: small issuer exemption

The FTC's fee rule for tickets and lodging

The FTC's Rule on Unfair or Deceptive Fees took effect on May 12, 2025. It covers businesses that offer, display, or advertise live-event tickets or short-term lodging, and it requires them to show the total price, including mandatory fees, upfront.

If you sell in those industries, get advice on how a card fee fits with the prices you advertise.

Sources: FTC, FTC rule on unfair or deceptive fees to take effect on May 12, 2025; FTC, The rule on unfair or deceptive fees: frequently asked questions

Sales tax at checkout

Sales tax is set by each state, and many states let cities and counties add their own rates on top, so the right rate depends on where the sale happens. Delaware has no state or local sales tax, and Oregon has no general sales tax.

Each state page lists the state rate with its source. Set your terminals and online checkout before you go live.

Sources: Delaware Division of Revenue, Learn about gross receipts taxes; Oregon Department of Revenue, Sales tax in Oregon

Card payment rules by state

A quick view of where credit card surcharges are allowed and how sales tax is set up. Open a state for the details and the official sources.

StateCredit card surchargesSales tax
AlabamaSurcharging allowed

We found no Alabama law capping card surcharges; Visa's 3% and Mastercard's 4% caps and the debit card ban apply.

4% state rate, plus local
ArizonaSurcharging allowed

No Arizona statute bans or caps them; Visa caps them at 3% and Mastercard at 4%, and debit cards are excluded.

5.6% state TPT, plus local
ArkansasSurcharging allowed

No Arkansas statute caps surcharges; the Attorney General says they apply to credit cards only, under card network rules.

6.5% state rate, plus local
CaliforniaAllowed with limits

The 1748.1 ban was never repealed, but the Attorney General generally follows the 2018 Italian Colors ruling; card network caps apply.

7.25% base rate, plus district taxes
ColoradoAllowed with limits

Allowed on credit cards since July 2022, capped at 2% or your actual merchant discount fee, with set sign wording. No debit.

2.9% state rate, plus local
ConnecticutSurcharging prohibited

Connecticut bans surcharges on every payment method; a clearly posted cash discount is the legal alternative.

6.35% statewide, no local tax
DelawareSurcharging allowed

No Delaware law limits surcharges; Visa's 3% and Mastercard's 4% caps apply, and debit can't be surcharged.

No sales tax (gross receipts tax)
FloridaAllowed with limits

Florida's statute still bans surcharges, but the Attorney General says courts struck it down. Disclose any credit card fee.

6% state rate, plus county surtax
GeorgiaSurcharging allowed

No Georgia law caps retail card surcharges; Visa's 3% and Mastercard's 4% network caps apply.

4% state rate, plus local
IdahoSurcharging allowed

No Idaho law bans or caps them, so card network caps apply; on taxable sales, the fee itself may be taxable.

6% state sales tax
IllinoisSurcharging allowed

No Illinois statute caps surcharges, so Visa's 3% and Mastercard's 4% limits apply; the 1% cap often quoted came from a bill that died.

6.25% state rate, plus local
IndianaSurcharging allowed

Indiana has no surcharge statute, so card network rules govern: up to 3% on Visa, 4% on Mastercard, and never on debit or prepaid cards.

7% state rate
IowaSurcharging allowed

No Iowa statute limits credit card surcharges, so Visa's 3% and Mastercard's 4% caps and the debit card ban set the rules.

6% state, plus 1% local option
KansasAllowed with limits

Kansas allows credit card surcharges if you disclose the amount at the point of entry or sale first; network caps of 3% and 4% apply.

6.5% state rate, plus local
KentuckySurcharging allowed

Kentucky has no surcharge statute we've found, so network rules apply: 3% on Visa, 4% on Mastercard, none on debit.

6%, no local sales tax
LouisianaSurcharging allowed

No state cap on credit card surcharges, but Louisiana has banned debit card surcharges since August 1, 2026.

5% state rate, plus parish
MaineSurcharging prohibited

Maine bans surcharges on both credit and debit card payments; discounts for paying cash or check are allowed.

5.5% state rate
MarylandSurcharging allowed

No Maryland law caps surcharges (there's no 4% state cap); Visa's 3% and Mastercard's 4% caps still apply.

6% state rate
MassachusettsSurcharging prohibited

Massachusetts bans credit card surcharges; a discount for paying cash or check is the lawful alternative.

6.25% state rate
MichiganSurcharging allowed

Michigan's Attorney General says no state law restricts card surcharges; Visa and Mastercard caps and their debit card ban still apply.

6% statewide, no local tax
MinnesotaAllowed with limits

Minnesota allows credit card surcharges up to 5% with spoken and posted notice; Visa's 3% and Mastercard's 4% caps are lower.

6.875% state rate, plus local
MississippiSurcharging allowed

We found no Mississippi surcharge statute; Visa (3%) and Mastercard (4%) caps and the debit card ban apply.

7% regular state rate
MissouriSurcharging allowed

Missouri has no surcharge statute; Visa's 3% and Mastercard's 4% caps, disclosure rules and the debit card ban set the limits.

4.225% state rate, plus local
MontanaSurcharging allowed

No Montana statute caps them, despite a 3% cap quoted online; card network caps and the debit ban still apply.

None, except local resort taxes
NebraskaSurcharging allowed

We found no Nebraska surcharge statute; Visa's 3% and Mastercard's 4% caps apply, and debit and prepaid cards can't be surcharged.

5.5% state rate, plus local
NevadaSurcharging allowed

No Nevada statute bans or caps them; Visa and Mastercard caps, posted signs and itemized receipts still apply.

6.85% minimum statewide rate
New HampshireSurcharging allowed

No New Hampshire law limits surcharges; Visa's 3% and Mastercard's 4% caps, notice and receipt rules apply.

No sales tax; 8.5% meals and rooms
New JerseyAllowed with limits

Credit card surcharges are capped at your actual processing cost and must be disclosed before the customer pays.

6.625% state rate
New MexicoSurcharging allowed

No state surcharge law found, so card network caps apply: 3% for Visa, 4% for Mastercard, or your cost if lower. No debit.

4.875% state GRT, plus local
New YorkAllowed with limits

Surcharges can't exceed what the card company charges you, and you must post the total price for paying by card.

4% state rate, plus local
North CarolinaSurcharging allowed

No North Carolina surcharge statute that we've found; Visa caps credit surcharges at 3% and Mastercard at 4%.

4.75% state rate, plus county
North DakotaSurcharging allowed

North Dakota has no surcharge statute; card network caps of 3% for Visa and 4% for Mastercard apply, and debit can't be surcharged.

5% state rate, plus local
OhioSurcharging allowed

No Ohio statute restricts credit card surcharges; the card networks cap them at 3% (Visa) and 4% (Mastercard) and bar them on debit.

5.75% state rate, plus local
OklahomaAllowed with limits

Allowed on credit cards since Nov. 1, 2025, capped at 2% or your actual processing cost, whichever is less, with posted notice.

4.5% state rate, plus local
OregonSurcharging allowed

No Oregon law bans or caps them; Visa and Mastercard caps, posted notice and the ban on debit surcharges still apply.

No general sales tax
PennsylvaniaSurcharging allowed

No Pennsylvania law limits surcharges; Visa's 3% and Mastercard's 4% caps and the disclosure rules apply.

6% state, plus 1% to 2% local
Rhode IslandSurcharging allowed

No Rhode Island law limits surcharges; Visa's 3% and Mastercard's 4% caps apply, and debit cards are off limits.

7% state rate
South CarolinaSurcharging allowed

South Carolina has no surcharge statute we've found; network caps and the debit card ban set the limits.

6% state rate, plus local
South DakotaSurcharging allowed

No South Dakota statute caps surcharges; network caps apply, and Visa's 3% is lower than the 4% in the state's consumer guidance.

4.2% state rate, plus municipal
TennesseeSurcharging allowed

No Tennessee surcharge statute we've found; network caps apply, and fees must be disclosed before the customer pays.

7% state rate, plus local
TexasAllowed with limits

Ban still in the statute; a 2018 ruling covers surcharges at or below cost. Debit surcharges are banned. Get legal advice first.

6.25% state rate, plus up to 2% local
UtahSurcharging allowed

No Utah statute caps them; disclose the exact fee before purchase and stay within the Visa and Mastercard caps.

4.85% state rate, plus local
VermontSurcharging allowed

No Vermont law limits surcharges; Visa's 3% and Mastercard's 4% caps, notice and receipt rules still apply.

6% state rate, plus 1% local option
VirginiaSurcharging allowed

No Virginia surcharge cap, but since July 1, 2025 displayed prices must include any mandatory fee or surcharge.

5.3% general; 6% to 7% in some areas
WashingtonSurcharging allowed

No Washington statute limits them, so the card network caps, posted notice and the no-debit rule are what apply.

6.5% state rate, plus local
Washington, DCSurcharging allowed

No DC law limits credit card surcharges; Visa's 3% and Mastercard's 4% caps and disclosure rules still apply.

6% through Sept. 30, 2027
West VirginiaSurcharging allowed

West Virginia has no surcharge statute we've found; card network caps (3% Visa, 4% Mastercard) apply.

6% state rate, plus 1% in some cities
WisconsinSurcharging allowed

No Wisconsin statute limits credit card surcharges, and state law bars card issuers from blocking cash discounts; network caps apply.

5% state rate, plus county
WyomingSurcharging allowed

No Wyoming statute restricts them; Visa and Mastercard caps, disclosure rules and the debit ban are the limits.

4% state rate, plus county

Cities we cover in the United States

Common questions

Is it legal to add a credit card surcharge in the US?

In most states, yes, within the card network limits: Visa caps surcharges at 3% and Mastercard at 4%, and neither lets you charge more than your own cost of acceptance. Some states go further. Connecticut and Massachusetts ban them, and Colorado caps them at 2%. Check your state's page before you start.

Can I charge a fee when customers pay with a debit card?

Not under Visa or Mastercard rules. Neither network allows a surcharge on debit or prepaid cards, even when a debit cardholder picks "credit" at the terminal. Debit is often cheaper to accept anyway: on cards from large banks, Regulation II caps interchange at 21 cents plus 0.05% of the sale, plus 1 cent.

Do I need to notify anyone before I start surcharging?

For Visa, yes: notify your acquirer at least 30 days before you start. Mastercard says it isn't currently requiring merchants to register their intent while it revises its rules, so ask your processor what it needs. State laws can add their own requirements, such as Colorado's required sign wording.

How do I set the right sales tax rate on my terminal?

Start with the state rate on your state's page, then add any city or county rate where the sale happens; your state revenue department publishes those local rates. Delaware has no state or local sales tax and Oregon has no general sales tax, so businesses there don't add one at their own checkout.

Does Clearo work with businesses across the US?

Yes. Clearo works with merchants across the US and Canada, with interchange-plus pricing, no long-term contract, no cancellation fees, and a dedicated rep for every account. Find your state in the table above for its rules, or book a call and tell us where you sell.

Looking for the other side of the border?

Disclaimer: general information, not professional advice

This page is general educational information, not legal, tax, accounting or financial advice. Rules and rates vary by place and change, so confirm them with the official source and a qualified professional before you act. Full terms are in our Terms of Service.

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