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Under D.C. Mun. Regs. 9 §474.4, the sale, rental, or maintenance of computer software continues to be subject to sales tax in the District whether the software is canned, prepackaged, or customized.
Does California require sales tax on Downloadable Custom Software? California does not require sales tax on downloadable custom software.
Should your business charge sales tax on SaaS in Washington? SaaS is generally always taxable in Washington. Washington refers to SaaS as remotely accessed software (RAS) and says: RAS is prewritten software provided remotely.
Under D.C. Mun. Regs. 9 §474.4, the sale, rental, or maintenance of computer software continues to be subject to sales tax in the District whether the software is canned, prepackaged, or customized.
Software-as-a-Service products The definition of SaaS sometimes falls in the gray area of digital service. Washington DC does tax SaaS products, but check the website to confirm that the definition firmly applies to your service.
The majority of states which have addressed the issue and have concluded that software (at least unbundled software) is not tangible personal property for ad valorem tax purposes and therefore is generally not taxable.
The sale of electronic data products such as software, data, digital books (eBooks), mobile applications and digital images is generally not taxable (though if you provide some sort of physical copy or physical storage medium then the sale is taxable.)
Luckily, California - the US's biggest state for digital goods - has defined digital goods, software, and SaaS as exempt from sales tax.
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.