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Two common categories for software under copyright law, and therefore with licenses which grant the licensee specific rights, are proprietary software and free and open-source software (FOSS).
Sales of prewritten computer software, regardless of the method of delivery, are subject to the Massachusetts sales tax. SaaS, cloud computing and electronically downloaded software are all taxable in the state because the object of the transaction is acquiring the right to use the software.
A software license is a document that provides legally binding guidelines for the use and distribution of software. Software licenses typically provide end users with the right to one or more copies of the software without violating copyrights.
What are the different types of software licenses?Public domain. This is the most permissive type of software license.Permissive. Permissive licenses are also known as Apache style or BSD style. They contain minimal requirements about how the software can be modified or redistributed.LGPL.Copyleft.Proprietary.
Examples of software licensesSingle-user license - The software is licensed for a single user and often a single computer. Multi-user license - This license allows you to install a program onto multiple computers used by multiple users. Typically this may be a set number of users.
Sales of custom software, personal and professional services, and reports of individual information are generally exempt from Massachusetts sales and use taxes.
The most common user licensing types are named user licensing and concurrent user licensing. For named user licensing, each software license is assigned to one person, along with a login and password they can use to securely access the software from any device.
Two common categories for software under copyright law, and therefore with licenses which grant the licensee specific rights, are proprietary software and free and open-source software (FOSS).
These encompass a wide spectrum of licensing scenarios, from free software (public domain) to paid commercial software (proprietary). Between these two extremes, there are also three categories (GNU/LGPL, permissive, and copyleft) that apply to various forms of open-source projects.
California: SaaS is not a taxable service. However, software or information that is delivered electronically is exempt. The ability to access software from a remote network or location is exempt. Under California sales and use tax law, there must be a transfer of TPP, in order to have a taxable event.