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Es Tax Guidelines: Taxing Charges for Computer Products and Services and Internet Related Sales and Services Date Issued: July 23, 2010 Tax Types: Sales and Use Tax Document Number: EDU-71R Department of Revenue guidelines are intended to help you become familiar with Kansas tax laws and your rights and responsibilities under them. While every attempt is made to provide you with information that is consistent with Kansas law, nothing in this publication supersedes, alters, or otherwise changes.
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Pp FAQ
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In general, you are not required to pay sales tax in California on the sale of electronic data items you transmit to your client over the Internet, such as software, data, digital books (eBooks), mobile applications, and digital photographs.
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Forty-five states and the District of Columbia have internet sales tax. The following states do not have an Internet sales tax: Alaska, Delaware, New Hampshire, Montana, and Oregon. Below are each state's enacted Internet sales tax provisions. The proposed legislation is not included.
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Custom software delivered electronically is NOT taxable, while prewritten computer software delivered electronically is taxable. Note: Prewritten software delivered electronically to a business is exempt under certain conditions.
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There are 23 states that do not tax digital products. 4 states do not have a retail sales tax at all; these include: Delaware, Montana, New Hampshire and Oregon. For the states that tax digital products, the tax rate varies from 1% to 7%, depending upon the state and the type of digital good.
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There are five states with no general statewide sales tax: Alaska, Delaware, Montana, New Hampshire, and Oregon. These are sometimes referred to as the NOMAD states (“N” for New Hampshire, “O” for Oregon, and so forth).
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Texas law applies sales tax to digital goods if the items would be taxable if delivered in physical form. “Digital products, such as photographs and music are tangible personal property as defined in Section 151.009 of the Texas Tax Code.”
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Depending on your state, or even the type of digital product/digital goods, you may be subject to or even exempt from sales tax. For example, Virginia doesn't tax digital goods and services, but only video games are exempt in Colorado.
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Nearly all US states levy a sales tax on digital goods and services, except for Delaware, Montana, New Hampshire, and Oregon, on certain digital products and services. In Georgia, New York, Pennsylvania, and Missouri, most digital products and services are taxable.
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