Colorado Application Service Provider Software License Agreement
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FAQ
Because Colorado doesn't define SaaS, cloud computing or electronically downloaded software as a tangible item, all of them are nontaxable/exempt from sales and use tax in the state.
Colorado: Electronically delivered software, SaaS, and backup service not subject to sales tax.
In most states, where services aren't taxable, SaaS also isn't taxable. Other states, like Washington, consider SaaS to be an example of tangible software and thus taxable. Just like with anything tax related, each state has made their own rules and laws.
Services that are taxable when sold or furnished to customers in Denver include, but are not limited to:Informational services.Entertainment services.Software as a service.Telecommunications services.Gas, electric, or heating services.
A customer's use of Company's cloud storage to store and view images raises the question of whether the software, service, or servers are subject to Colorado sales tax. Colorado does not levy sales or use tax on the sale or use of computer software used by application service providers.
Colorado: Electronically delivered software, SaaS, and backup service not subject to sales tax.
Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax. Several states have ping-ponged on their decisions, the most recent being Michigan, who ultimately decided to exempt it.
Luckily, California - the US's biggest state for digital goods - has defined digital goods, software, and SaaS as exempt from sales tax.
For example, SaaS is not subject to the 2.9% sales tax by the state of Colorado, but Denver subjects SaaS to a sales tax of 4.31%.
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.
