California Turnkey Hardware and Software Agreement
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
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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.
A contract for optional hardware maintenance is not a contract for the sale of tangible personal property and no sales or use tax applies to the charge.
Optional software maintenance agreements A separate charge for an optional software maintenance agreement is 50 percent taxable if you provide the purchaser with any physical products during the term of the agreement (for example, your customer will receive software updates on CD).
California Sales and Use Taxability of Software & Tax. Code Section 6010.9(d) as computer software held or existing for general or repeated sale or lease and not developed for an individual customer, are generally taxable under CA Code Regs. Title 18, Section 1502(f)(1).
Yes. Retail sales tax applies to a service contract or warranty sold to a consumer (WAC 458-20-257).
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.
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.
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.)
Sales of are exempt from the sales tax in California. Sales of parts purchased for use in performing service under optional maintenance contracts are subject to sales tax in California.
Unlike many other states, California does not tax services unless they are an integral part of a taxable transfer of property.
