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Colorado imposes sales tax on retail sales of tangible personal property, prepared food and drink, and certain services, as well as the furnishing of rooms and accommodations. Wholesale sales are not subject to sales tax.
Colorado defines ?digital goods? as taxable tangible personal property, regardless of the means of delivery. On June 23, 2021, Colorado's Governor signed legislation adding ?digital goods? to the statutory definition of ?tangible personal property? subject to sales and use tax.
Prewritten computer software delivered on storage media such as a diskette is generally subject to states' sales taxes. However, some states do not impose sales tax on prewritten computer software if it is downloaded electronically.
In general, SaaS is considered a non-tangible service; therefore, it is not subject to sales tax at the state level in Colorado. But Colorado has home-rule jurisdictions, which means that local cities can establish their sales tax regulations, which could result in independent taxation rules concerning SaaS.
Colorado sales tax applies to a sale of computer software if all of the following conditions are met: (1) it is prepackaged for repeated sale or license; (2) its use is governed by a tear-open nonnegotiable license agreement; and (3) it is delivered in a physical medium such as a tape, disk, compact disc, or card.
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.
Colorado sales tax applies to a sale of computer software if all of the following conditions are met: (1) it is prepackaged for repeated sale or license; (2) its use is governed by a tear-open nonnegotiable license agreement; and (3) it is delivered in a physical medium such as a tape, disk, compact disc, or card.
The Denver Revised Municipal Code (DRMC) imposes sales or use tax on the purchase price for software programs, software as a service, software license fees, and software maintenance agreements (collectively referred to in this tax guide as ?software?).