Florida Hardware Purchase and Software License Agreement
Description
How to fill out Hardware Purchase And Software License Agreement?
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FAQ
Sales of custom software - downloaded are exempt from the sales tax in Florida. Sales of customization of canned software are exempt from the sales tax in Florida. Sales of digital products are exempt from the sales tax in Florida.
Response: Yes. Rule 12A-1.032(4), F.A.C., provides that prepackaged or canned software supplied on a tangible medium is taxable.
Florida doesn't tax SaaS, cloud computing or electronically downloaded software because the state doesn't define any of them as tangible personal property.
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.
In addition, licenses for the use of software accessed electronically are not considered sales of tangible personal property, and therefore are not subject to state sales tax, as long as no transfer of tangible personal property occurs as a part of the transaction.
Digital goods like music, movies, eBooks, magazines etc. are considered tangible personal property because they are perceptible by the senses and are therefore taxable. (Electronic delivery of legal publication newspapers are exempt, since physical copies of those same newspapers are exempt.)
However, electronically accessed software and customized software is subject to Florida sales tax when sold as part of the sale of tangible personal property. Such software is considered to be services that are included in the sales price of the computer hardware.
Software" is defined as "personal property," but not as either tangible or in- tangible personal property. 46 In the same statutory section, the Florida Sta- tutes define tangible and intangible personal property, whose definitions fail to include "computer software.
Requirements for prewritten software are still subject to sales and use tax regardless of the method of delivery (whether with a physical medium, downloadable or accessed via the Internet) or if possession or control is given.
Sales of custom software - downloaded are exempt from the sales tax in Florida. Sales of customization of canned software are exempt from the sales tax in Florida. Sales of digital products are exempt from the sales tax in Florida.
