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Florida Software Equipment Request
Category:
State:
Multi-State
Control #:
US-147-AZ
Format:
Word;
PDF;
Rich Text
Instant download
Description
How to fill out Software Equipment Request?
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FAQ
Florida Sales Tax Exemptions for HealthcareChemical compounds and test kits.Hypodermic needles & syringes.Medical gases.Medical services.Prescription drugs.Prosthetic and orthopedic appliances.Single-use medical products.
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 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.
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.
While software is not physical or tangible in the traditional sense, accounting rules allow businesses to capitalize software as if it were a tangible asset. Software that is purchased by a firm that meets certain criteria can be treated as if it were property, plant, & equipment (PP&E).
In other words, Software-as-a-Service as a cloud-computing program that is only accessed remotely without delivery of a tangible media and does not include the user taking possession of the program is not subject to sales or use tax.
Florida doesn't tax SaaS, cloud computing or electronically downloaded software because the state doesn't define any of them as tangible personal property.
Florida does not directly address the taxability of digital goods in statute. Even though Florida defines tangible property very broadly, (it even includes electricity), the Florida Department of Revenue has ruled items electronically delivered and lacking physicality are not taxable.
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.
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.
