Florida Revenue Sharing Agreement to Income from the Licensing and Custom Modification of the Software
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How to fill out Revenue Sharing Agreement To Income From The Licensing And Custom Modification Of The Software?
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FAQ
Florida doesn't tax SaaS, cloud computing or electronically downloaded software because the state doesn't define any of them as tangible personal property.
A131964 Appellate Court reversed lower court decision and holds that the right to replicate and install software is a property right, which is an intangible.
DOR frequently sends letters to customers to request needed information to process a tax return. Not responding to an information request can cause a tax return to remain unprocessed, generating an overdue payment with penalties and interest owed. Additionally, any potential refund could be delayed.
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.
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.
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.
Response: Yes. Rule 12A-1.032(4), F.A.C., provides that prepackaged or canned software supplied on a tangible medium is taxable.
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.
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.
Florida doesn't tax SaaS, cloud computing or electronically downloaded software because the state doesn't define any of them as tangible personal property.