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In Indiana, certain items may qualify for tax exemptions, including some types of software and specific uses of technology. For example, software used directly in the production of goods might be tax-exempt. Your Indiana Warranty Agreement as to Web Site Software can help clarify these qualifications. Always consider consulting an expert to ensure your software is eligible for tax exemptions.
The Indiana Department of Revenue is set to start enforcing a law passed in 2017 on Oct. 1. If you buy products online from out-of-state companies, you'll be charged the state's 7 percent sales tax. The law lets the state collect the sales tax from online retailers even if they don't have a physical store in Indiana.
As a general rule, transactions involving computer software are not subject to Indiana Sales or Use Tax provided the software is in the form of a custom program specifically designed for the purchaser.
Purchases of tangible personal property, accommodations, or utilities made directly by the United States government, its agencies, and instrumentalities are exempt from Indiana sales tax. Sales by these same entities are also exempt from sales tax.
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.
Making good on his State of the State promise to provide clarity on the previously murky topic of software-as-a-service (SaaS) and its sales tax status, today Governor Holcomb signed Senate Bill 257 into law.
As a general rule, transactions involving computer software in the form of a custom program specifically designed for the purchaser are not subject to Indiana sales or use tax.
Senate Bill 257 exempts remotely accessed, electronically delivered, pre-written computer software also known as software as a service, or SaaS from Indiana's 7 percent sales tax.
Under these guidelines, even a small company can have nexus in multiple states. The untenable nature of SaaS taxability also poses a problem for software sellers. Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax.
Purchases of tangible personal property, accommodations, or utilities made directly by the United States government, its agencies, and instrumentalities are exempt from Indiana sales tax. Sales by these same entities are also exempt from sales tax.