California Electronic Software Distribution Agreement
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How to fill out Electronic Software Distribution Agreement?
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FAQ
California Digital products are tax exempt in California. The sale of electronic data products such as software, data, digital books (eBooks), mobile applications and digital images is generally not taxable (though if you provide some sort of physical copy or physical storage medium then the sale is taxable.)
SaaS is not considered taxable in California when there is no transfer of tangible personal property. This means that if you simply allow your Californai customers to remotely access your SaaS software then you are not required to register for a sales tax permit and collect California sales tax.
Because downloadable prewritten software is not identified as tax-exempt, it is treated as generally taxable regardless of how it is transferred or delivered to the purchaser.
Additionally, software subscriptions services are considered tangible property and are subject to sales and use taxes.
The charge for a software maintenance contract, which provides updates and future releases, is a contract for the sale of tangible personal property and is taxable.
Software distribution agreements specifically allow distributors to market and sell the developer's software to end users. A software distribution agreement sets forth the rights and duties of both the developer and the distributor to avoid disputes later on.
California says no sales tax on certain licensed software2026 But doing so through a sales tax on certain software transactions is still a no-no in this State. This rule applies to any transfer of non-tangible intellectual property subject to a patent or copyright.
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.
Electronically Downloaded Software Treatment: Nontaxable According to California's statutes, the sale of a prewritten program is not taxable if the program is electronically delivered to the customer and the customer does not obtain possession of tangible personal property (e.g. storage media) in the transaction.
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.