Indiana 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

Subject to Indiana use tax if the taxpayer possesses or otherwise keeps physical or downloaded software licenses in Indiana, in the event that unused licenses are kept in Indiana (i.e., at the IT office or corporate domicile). considered an Indiana retail transaction and not subject to Indiana sales or use tax.

Within the software license agreement, it will detail where customers can it as well as how and how often it can be installed. Additionally, it should answer questions your customers may have about their ability to copy it, modify it, or redistribute it.

Sales and use tax is also imposed on prewritten computer software transferred electronically. In other words, prewritten computer software downloaded by Indiana customers, whether sold, rented, leased, or licensed for consideration, is subject to Indiana sales or use tax.

A software license is a document that provides legally binding guidelines for the use and distribution of software. Software licenses typically provide end users with the right to one or more copies of the software without violating copyrights.

The contract for providing updates and future releases is a contract for the sale of tangible personal property. The charges for such a software maintenance contract are subject to sales tax regardless that the maintenance contract may be optional with the purchaser.

Under current Indiana tax laws, SaaS is not taxable but some digital goods are. Determining the taxability of your specific product is an important step in ensuring compliance with state tax laws and regulations.

Tax-exempt goods Examples include most non-prepared food items, prescription drugs, and medical supplies. We recommend businesses review the Sales Tax Information Bulletins put forth by the Indiana Department of Revenue to stay up to date on which goods are taxable and which are exempt, and under what conditions.

The important difference is the fact that a software license provides a product that is tangible, whereas a SaaS agreement is based on a service.

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Indiana Software License Agreement