Kansas Agreement for Sales of Data Processing Equipment
Description
How to fill out Kansas Agreement For Sales Of Data Processing Equipment?
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FAQ
WHAT PURCHASES ARE EXEMPT? Only goods or merchandise intended for resale (inventory) are exempt. Tools, equipment, fixtures, supplies, and other items purchased for business or personal use are TAXABLE since the buyer is the final consumer of the property.
Sales of digital products are exempt from the sales tax in Kansas.
In general, maintenance contracts, service contracts, and warranties (including optional and extended warranties) for appliances, electronic products, and other tangible personal property are TAXABLE.
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.)
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.
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.
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.
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.
(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.
Mandatory software maintenance agreements are treated as part of the software sale and are subject to Kansas sales or use tax. The charge for the maintenance agreement is fully taxable even when charges for technical support and upgrades are separately-stated on the customer's invoice.