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A service maintenance contract is a legal agreement between a company and a maintenance service provider. It specifies the terms and conditions of the agreement between the two parties.
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.
Services in Alabama are generally not taxable. However, if the service you provide includes creating or manufacturing a product, you may have to deal with the sales tax on these products. Tangible personal property is generally taxable in Alabama, with a few exceptions for items used in agriculture or industry.
Software Maintenance and Support means any software upgrades, annual updates, patches and fixes needed to improve functionality and keep the software in working order.
Related Definitions Maintenance and Support Contracts means the contracts pursuant to which, prior to the Closing Date, Seller has obligations to provide maintenance and support to its customers.
Tax-exempt customers Some customers are exempt from paying sales tax under Alabama law. Examples include government agencies, some nonprofit organizations, and merchants purchasing goods for resale. Sellers are required to collect a valid exemption or resale certificate from buyers to validate each exempt transaction.
Service fees for the installation of software are subject to sales tax. Moreover, charges for software maintenance services including delivery of updates for prewritten software are generally taxable. However, maintenance contracts that only provide support services for canned software are not taxable.
Maintenance agreements provide routine maintenance, access to emergency repairs, and constant upgrades to software and your system's hardware. More importantly, the agreement make you a priority and allows you to build a relationship with your maintenance provider.
A software maintenance agreement, or SMA, is a legal contract that obligates the software vendor to provide technical support and updates for an existing software product for their customers. It may also extend the expiration date of certain features, such as new releases or upgrades.
(8) Maintenance contracts sold in connection with software programming, whether required or optional, are not subject to Sales Tax, Use Tax, or Rental Tax.