California Software Distribution and Maintenance Agreement
Description
How to fill out Software Distribution And Maintenance Agreement?
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FAQ
California: SaaS is not a taxable service. However, software or information that is delivered electronically is exempt. The ability to access software from a remote network or location is exempt. Under California sales and use tax law, there must be a transfer of TPP, in order to have a taxable event.
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.
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.
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.
The SSUTA defines canned software, whether delivered on a tangible format or electronically, as tangible personal property. Member states are allowed, but are not required, to exempt electronically delivered software from sales or use tax. California is not a member of the SSUTA.
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.
The SSUTA defines canned software, whether delivered on a tangible format or electronically, as tangible personal property. Member states are allowed, but are not required, to exempt electronically delivered software from sales or use tax. California is not a member of the SSUTA.
F&E Apportionment-10 - Computer Software is Excluded from the Property Factor of the Apportionment Ratio. The property factor is based on the real and tangible personal property owned or rented and used during the tax period.
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.
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.
