Indiana Software Maintenance Agreement
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FAQ
In the state of Indiana, maintenance contracts are considered to be taxable so long as there is a reasonable expectation that tangible personal property will be provided. Sales of parts purchased for use in performing service under optional maintenance contracts are exempt from the sales tax in Indiana.
SOFTWARE MAINTENANCE CONTRACTS A person is a retail merchant making a retail transaction when the person enters into a computer software maintenance contract to provide future updates or upgrades to computer software. These contracts are therefore subject to sales tax.
Sales and use tax does not apply to SaaS, which California defines as, A customer gains access to software on a remote network without receiving a copy of the software, while the seller retains exclusive possession and control of it. While California has not specifically codified the SaaS revenue stream, the state
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.
Thus, much federal purchasing, leasing, and renting of tangible personal property; the use of utilities; meals consumed in restaurants; and other normally taxable goods or services (including accommodations for fewer than 30 days) are exempt from Indiana sales and other transaction-based taxes.
The cost of the downloaded software is incidental (less than 10% of the total price of the transaction) to the service, so the transaction with the business customer is exempt from sales tax. The service provider, however, is subject to Indiana sales/use tax on the purchase of this software.
California: SaaS is not a taxable service. However, software or information that is delivered electronically is exempt. The ability to access software from a remote network or location is exempt. Under California sales and use tax law, there must be a transfer of TPP, in order to have a taxable event.
Are services subject to sales tax in Indiana? "Goods" refers to the sale of tangible personal property, which are generally taxable. "Services" refers to the sale of labor or a non-tangible benefit. In Indiana, services are generally not taxable.
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.
