District of Columbia Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software
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FAQ
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.
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.
Prewritten computer software is taxable as tangible personal property, whether it is sold as part of a package or as a separate component, regardless of how the software is conveyed to the purchaser.
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.
Washington D.C. requires businesses to collect sales tax on the sale of digital goods or services.
Ideally, all software purchases should be taxable to final users and exempt for business users. Instead, states tax some kinds of software and exempt others, based on whether it is customized or off-the-shelf and whether it is on CD or downloaded, all silly distinctions for tax purposes.
SaaS is generally always taxable in Washington.
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.
Sales of custom software - delivered on tangible media are exempt from the sales tax in California. Sales of custom software - downloaded are exempt from the sales tax in California.
Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax.
