Kansas User Oriented Software and Equipment Maintenance Services Agreement
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How to fill out User Oriented Software And Equipment Maintenance Services Agreement?
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FAQ
Tangible personal property includes electricity, water, gas, steam and prewritten computer software. (qq) "Taxpayer" means any person obligated to account to the director for taxes collected under the terms of this act.
The majority of states which have addressed the issue and have concluded that software (at least unbundled software) is not tangible personal property for ad valorem tax purposes and therefore is generally not taxable.
WHAT IS TAXABLE IN KANSAS? Kansas Retailers' Sales Tax generally applies to: 1) the retail sale, rental, or lease of tangible personal property, and, 2) the sale of labor services to install, apply, repair, service, alter, or maintain tangible personal property.
Kansas generally does not require sales tax on Software-as-a-Service.
Some items are exempt from sales and use tax, including:Sales of certain food products for human consumption (many groceries)Sales to the U.S. Government.Sales of prescription medicine and certain medical devices.Sales of items paid for with food stamps.
Sales Tax Exemptions in KansasAll construction materials and prescription drugs (including prosthetics and devices used to increase mobility) are considered to be exempt. While groceries are not tax exempt, any food that is used to provide meals for the elderly or homebound is considered to be exempt from taxes.
(2) In Kansas, taxability is determined solely by whether the software being sold is custom software or prewritten software. (3) Sales of prewritten software are taxed both under the specific imposition on sales of prewritten software and under the general imposition on sales of tangible personal property.
Kansas imposes a 6.5 percent (effective July 1, 2015) percent state retailers' sales tax, plus applicable local taxes on the: Retail sale, rental or lease of tangible personal property; Labor services to install, apply, repair, service, alter, or maintain tangible personal property, and.
Service fees for the installation of software are subject to sales tax. Moreover, charges for software maintenance services including delivery of updates for prewritten software are generally taxable. However, maintenance contracts that only provide support services for canned software are not taxable.
Taxable labor services in Kansas are the services of installing, applying, servicing, repairing, altering, or maintaining tangible personal property performed on real property projects in the general category of commercial remodel work.