Colorado Software Maintenance Agreement
Description
How to fill out Software Maintenance Agreement?
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FAQ
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.
Charges for a physical product that results from data processing services are taxable. The City of Pueblo sales/use tax is due on the sale of products such as mailing lists or seismic reports without regard to whether the list or report is transferred electronically or transferred on tape, disk or paper.
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.
The personal computers, software, and maintenance agreements are all taxable. 2.
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.
Luckily, California - the US's biggest state for digital goods - has defined digital goods, software, and SaaS as exempt from sales tax.
Generally, labor and services are not subject to sales tax. Colorado taxes retail sales of tangible personal property and select services including telephone services, rooms and accommodations, food for immediate consumption, and certain utility services.
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.
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%.