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The majority of states which have addressed the issue and have concluded that software (at least unbundled software) is not tangible personal property for ad valorem tax purposes and therefore is generally not taxable.
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.
Sales tax is imposed on service fees for software installations. In addition, charges for software maintenance services, including updating prewritten software, are generally taxable. Contracts for maintenance of custom software, on the other hand, are not taxable.
Some goods are exempt from sales tax under Arkansas law. Examples include prescription drugs, purchases made with food stamps, and some farming equipment.
Luckily, California - the US's biggest state for digital goods - has defined digital goods, software, and SaaS as exempt from sales tax.
Does California require sales tax on Downloadable Custom Software? California does not require sales tax on downloadable custom software.
Under Arkansas law, providing access to, and use of, software over the internet is not a specifically enumerated taxable service.
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.
All remote sellers and marketplace facilitators are required to collect and remit Sales and Use tax to the State of Arkansas if within the current or previous year the sale of tangible personal property, taxable services, a digital code, or specified digital products for delivery into Arkansas exceeded one hundred