California Electronic Software Reseller Agreement
Description
How to fill out Electronic Software Reseller Agreement?
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FAQ
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.
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.
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.
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.
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.)
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.
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.
Neither sales nor use tax applies to non-recurring engineering fees with respect to services rendered by the company to develop software which is not part of a sale of tangible personal property.
