While at this point it makes more sense to come up with a new law/methodology, I understand the thought process. If an item is $5 final price you don't know how much the tax actually was. The taxes can be raised easily and only those paying close attention to local or state politics would know. It's a backstop against government greed.
Again, I think we could reform this tax code and tip culture. However, I believe you legally have to include the tax. Maybe you simply should only be able to advertise the final price, but on the receipt it shows the tax rate.
Having the money 'in your hand' and then having to write a check for thousands of dollars feels much different. The guillotines would appear quickly.
And it still widely works - queue all the folks happy about ‘getting their money from the gov’t’ in the form of their tax refund at the end of the year.
I think the reason taxes aren’t included are because lower prices make people buy more. Similar to $4.99 sells more than $5.
The only advantage to not including taxes is that people spend more money. This is marginally better for stores and worse for everyone else.
Theres no genuine benefit to society for not including taxes in the posted price.