Colorado CD Software License

State:
Multi-State
Control #:
US-KWP-0044
Format:
Word; 
Rich Text
Instant download

Description

This form is a CD Software License. The agreement provides that the licensor grants to the licensee a non-exclusive license to use the accompanying software and documentation. The form also provides that the licensee may terminate the agreement by returning the licensed product to the licensor.
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FAQ

§39-26-105(2) C.R.S. Colorado does not tax Internet access services. Internet access, e-mail services, Web site hosting and domain name registration are nontaxable 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.

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.

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.

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.

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.

RTD and CD Taxes Regional Transportation District (RTD) and the Scientific and Cultural Facilities District (CD) taxes are administered in the same manner as state sales tax. The RTD sales tax rate is 1% and the CD sales tax rate is . 1%. These taxes are reported in the RTD/CD column.

Generally tax applies to the conversion of customer-furnished data from one physical form of recordation to another physical form of recordation. However, if the contract is for the service of developing original information from customer-furnished data, tax does not apply to the charges for the service.

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.

California: SaaS is not a taxable service. However, software or information that is delivered electronically is exempt. The ability to access software from a remote network or location is exempt. Under California sales and use tax law, there must be a transfer of TPP, in order to have a taxable event.

More info

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Colorado CD Software License