Alabama Software Maintenance and Support Agreement
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FAQ
All computer software is taxable in Alabama, under an opinion issued Friday, May 17, by the state's highest court. In a split decision, the Alabama Supreme Court ruled that even customized software is taxable in our state.
Last month, the Supreme Court of Alabama determined that all software sold to customers in Alabama is subject to sales and use tax, including custom software created for a particular user.
In the state of Alabama, any separately stated charges for any modifications any sorts of to canned software which was prepared specifically for a certain customer is considered to be exempt, although only to extent of the modification. Sales of digital products are subject to sales tax in Alabama.
Alabama generally does not require sales tax on Software-as-a-Service. Why does Alabama not require sales tax on Software-as-a-Service (SaaS)? Alabama does not expressly exempt Software-as-a-Service from sales tax but does define computer software as a sequence of automatic data-processing equipment instructions.
In most states, where services aren't taxable, SaaS also isn't taxable. Other states, like Washington, consider SaaS to be an example of tangible software and thus taxable. Just like with anything tax related, each state has made their own rules and laws.
Are services subject to sales tax in Alabama? "Goods" refers to the sale of tangible personal property, which are generally taxable. "Services" refers to the sale of labor or a non-tangible benefit. In Alabama, services are generally not taxable.
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.
(8) Maintenance contracts sold in connection with software programming, whether required or optional, are not subject to Sales Tax, Use Tax, or Rental Tax.
Sales of custom software - downloaded are exempt from the sales tax in Alabama. In the state of Alabama, any separately stated charges for any modifications any sorts of to canned software which was prepared specifically for a certain customer is considered to be exempt, although only to extent of the modification.
