Alabama Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software
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How to fill out Agreement Between Licensor And Dealer For Sale Of Computers, Internet Services, Or Software?
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FAQ
Sales of custom software - delivered on tangible media are exempt from the sales tax in California. Sales of custom software - downloaded are exempt from the sales tax in California.
The Alabama Supreme Court surprised the tax community in 2019 when it ruled that all software, regardless of the means of delivery, is tangible personal property and therefore subject to sales taxes when licensed, leased, or sold.
In California, sales of electronic products such as data, digital images, e-books, mobile applications, and software generally aren't taxable because there's no transfer of tangible personal property.
Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax. Several states have ping-ponged on their decisions, the most recent being Michigan, who ultimately decided to exempt it.
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.
Goods that are subject to sales tax in Alabama include physical property like furniture, home appliances, and motor vehicles. Prescription medicine and gasoline are both tax-exempt.
Some common items which are considered to be exempt are: prescription drugs, gasoline and motor oil items, seeds which are intended for planting purposes (fertilizer/insecticides/fungicides) agricultural, feed for livestock, and livestock.
Prewritten computer software is taxable as tangible personal property, whether it is sold as part of a package or as a separate component, regardless of how the software is conveyed to the purchaser.
Ideally, all software purchases should be taxable to final users and exempt for business users. Instead, states tax some kinds of software and exempt others, based on whether it is customized or off-the-shelf and whether it is on CD or downloaded, all silly distinctions for tax purposes.
But, in most, it's a mixed bag. California exempts most software sales but taxes one type: canned software delivered on tangible personal property an actual object you can touch or hold, such as a disc. Nebraska taxes most software sales with the exception of one type: SaaS.
