Illinois Individual or Network Use Shrink-Wrap License Agreement

State:
Multi-State
Control #:
US-CP0738-AM
Format:
Word; 
Rich Text
Instant download

Description

This form is a detailed contract regarding software or computer services. Suitable for use by businesses or individual contractors. Adapt to fit your specific facts.
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  • Preview Individual or Network Use Shrink-Wrap License Agreement
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FAQ

Services in Illinois are generally not taxable. However, if the service you provide includes creating or manufacturing a product, you may have to deal with the sales tax on products.

Retail sales of canned software (pre-written software) which is intended for general or repeated use, regardless of the form in which it is transmitted, including electronic means (i.e., downloaded), is subject to tax. A license of computer software is not taxable if specific conditions are met. 86 Ill. Adm.

Generally, sales of ?canned? computer software are taxable retail sales in Illinois. Canned computer software is considered to be tangible personal property regardless of the form in which it is transferred or transmitted, including tape, disc, card, electronic means, or other media.

Oklahoma does not tax any cloud, SaaS, or digital products. Generally speaking, the state only taxes physical goods and limited, explicitly enumerated services. This means that businesses offering digital products in the state most likely do not need to collect and remit sales tax on Oklahoma transactions.

Prewritten computer software delivered on storage media such as a diskette is generally subject to states' sales taxes. However, some states do not impose sales tax on prewritten computer software if it is downloaded electronically.

In a shrink-wrap agreement, the contract terms are not read until the buyer un-wraps the software; but in click-wrap agreement the consumer knows the contractual terms before he/she commits herself to buy goods or services.

How Does the Chicago Lease Tax Apply to SaaS or Cloud-Based Products? The tax rate for most lease transactions is 9%; however, as of January 1, 2016, the City imposed a lower rate of 5.25% for a nonpossessory computer lease (SaaS or Cloud-Based Products). This was increased on January 1, 2020, to 7.25%.

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Illinois Individual or Network Use Shrink-Wrap License Agreement