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Does California require sales tax on Downloadable Custom Software? California does not require sales tax on downloadable custom software.
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.
In most states, where services aren't taxable, SaaS also isn't taxable. Other states, like Washington, consider SaaS to be an example of tangible software and thus taxable. Just like with anything tax related, each state has made their own rules and laws.
But, in most, it's a mixed bag. California exempts most software sales but taxes one type: canned software delivered on tangible personal property an actual object you can touch or hold, such as a disc. Nebraska taxes most software sales with the exception of one type: SaaS.
Sales of custom software - delivered on tangible media are exempt from the sales tax in Indiana. Sales of custom software - downloaded are exempt from the sales tax in Indiana.
But, in most, it's a mixed bag. California exempts most software sales but taxes one type: canned software delivered on tangible personal property an actual object you can touch or hold, such as a disc. Nebraska taxes most software sales with the exception of one type: SaaS.
Luckily, California - the US's biggest state for digital goods - has defined digital goods, software, and SaaS as exempt from sales tax.
Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax. Several states have ping-ponged on their decisions, the most recent being Michigan, who ultimately decided to exempt it.
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.