Kansas Software Product Sales Agreement
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FAQ
Taxation of digital goods under the states' sales tax rulesApproximately 20 of the 45 states currently do not have laws to tax digital goods because they either do not have the ability to tax electronically delivered products or they have specifically identified digital goods as not subject to their sales tax.
Sales of digital products are exempt from the sales tax in Kansas.
(1) Kansas taxes charges for "the services of modifying, altering, updating or maintaining prewritten computer software." K.S.A. 2009 Supp. 79-3603(s). (2) Taxable services to modify, alter, update, or maintain computer software always involve the installation of prewritten computer upgrades and enhancements.
Digital goods may be specifically defined Other states have gone further and passed legislation to specifically define digital goods and describe how they are taxed. These states are: Colorado, Idaho, Kentucky, Nebraska, New Jersey, South Dakota, Tennessee, Vermont, Washington, and Wisconsin.
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.
The sale of electronic data products such as software, data, digital books (eBooks), mobile applications and digital images is generally not taxable (though if you provide some sort of physical copy or physical storage medium then the sale is taxable.)
Kansas generally does not require sales tax on Software-as-a-Service.
The charge for a software maintenance contract, which provides updates and future releases, is a contract for the sale of tangible personal property and is taxable.
Kansas Opinion SaaS is Non-Taxable - Avalara. Returns for small business Free automated sales tax filing for small businesses for up to 60 days. No credit card required.
