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(4) Charges for custom software are not subject to Kansas sales or use tax and are treated as charges for non-taxable services.
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.
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.
According to the letter, SaaS products are not considered taxable items and therefore 2026the charges for hosted services aren't 'exempted' or 'excepted' from sales tax because tax isn't imposed on the service charges in the first place.
(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.
The Business Personal Property Division appraises all business' tangible personal property, also known as commercial and industrial machinery and equipment. Article 11, Section 1 of the Kansas Constitution establishes that these assets are assessed at 25 percent of their appraised value.
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.
Kansas generally does not tax electronic downloads of digital products. The Kansas Department of Revenue states Digital products, services, and information can be sold and delivered over the Internet. Nontaxable sales include electronic downloads of movies, music, photographs, newspapers, and other similar products.
Kansas generally does not require sales tax on Software-as-a-Service.
How to fill out the Kansas Resale Exemption Certificate Form ST-28AStep 1 Begin by downloading the Kansas Resale Exemption Certificate Form ST-28A.Step 2 Identify the seller's name, business address, Sales Tax Registration Number, and a general description of what products or services the business sells.More items...?