Alabama Use of Company Equipment
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FAQ
(4) Computer software is tangible personal property. The retail sale or licensure of computer software is subject to Sales Tax, Use Tax, or Rental Tax, whether the transaction is effected by a transfer of title, possession, or a license to use or consume.
Tangible personal property exists physically (i.e., you can touch it) and can be used or consumed. Clothing, vehicles, jewelry, and business equipment are examples of tangible personal property.
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.
Tangible personal property includes material items such as machinery and equipment, tools, furniture and fixtures, and other items used in a business activity. Tangible personal property is taxable to businesses for Alabama property tax purposes.
Raw Materials: Tangible personal property used by manufacturers or compounders as an ingredient or component part of their manufacturing or compounded product are specifically exempt from sales and use tax under Alabama law (Sections 40-23-1(a)(9)b and 40-23-60(4)b).
In general, clothing, groceries, medicines and medical devices and industrial equipment are sales tax exempt in many states (but don't assume they'll be exempt in all states. Every state is different when it comes to sales tax!)
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.
Sales of Exempt Items: Some of the more common items which are exempt are: prescription drugs, gasoline and motor oil (kerosene and fuel oil are taxable), fertilizer/insecticides/fungicides when used for agricultural purposes, seeds for planting purposes, feed for livestock and poultry (not including prepared food for
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 services in Alabama are subject to sales tax.
If you would like to apply for a Sales Tax Exempt Certificate, you can find the form on Alabama Department of Revenue website. If you are granted sales tax exempt status, please read the instructions for use included with the approval letter. Sales Tax Exempt status must be renewed every year.
