Illinois Software License Agreement

State:
Multi-State
Control #:
US-TC0606
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This is a software license agreement between the owner of a computer program and the customer who wishes to obtain the right to use the software. The agreement covers security, patents and copyrights, liability, compliance with laws, termination of the license agreement, and all other applicable rights and restrictions.

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FAQ

Answer Answer. ?Tangible personal property? exists physically (i.e., you can touch it) and can be used or consumed.

In February 2011, the California superior court held that royalties for licensing of computer software to California licensees constituted receipts from the sale of tangible personal property, and sales of tangible property are sourced to the state the property is shipped to (Microsoft Corporation v.

The IDOR notes that software maintenance agreements are not taxable if the agreements for the maintenance of tangible personal property are sold separately from the tangible personal property.

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%.

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.

For purposes of this chapter and Chapter 5741, of the Revised Code, "tangible personal property" includes motor vehicles, electricity, water, gas, steam, and prewritten computer software.

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.

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.

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Illinois Software License Agreement