Colorado Software Sales Agreement
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FAQ
Pre-written software is taxable. Pre-written software is commonly referred to as canned, or off the shelf and is typically developed for sale or license to multiple users. Pre-written software may also include software modules or components that are designed to be integrated into a larger software package.
Luckily, California - the US's biggest state for digital goods - has defined digital goods, software, and SaaS as exempt from sales tax.
A software license is a legally binding agreement made between the owner or developer of a software program and the user, outlining how they can use and distribute the product.
Software Maintenance Services Not Subject to Colorado Sales and Use Tax. The Colorado Department found that a company's charges for computer program maintenance, including updates, are not subject to sales or use tax in a private letter ruling.
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.
Sales of custom software - delivered on tangible media are exempt from the sales tax in Colorado. Sales of custom software - downloaded are exempt from the sales tax in Colorado.
Sales of custom software - delivered on tangible media are exempt from the sales tax in Colorado. Sales of custom software - downloaded are exempt from the sales tax in Colorado.
Charges for services are generally not subject to sales tax. However, when a retailer sells taxable goods and, in connection with that sale, charges the customer for maintenance or service warranties, the charge for the warranty is included in the sales tax calculation.
Maintenance agreements In general, any charge for a mandatory maintenance agreement included in the sale of taxable computer software is also taxable. See Colorado Sales Tax Guide, Part 3: Calculation of Tax for additional information regarding the taxability of maintenance agreements.