Kentucky Software Maintenance Agreement
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How to fill out Software Maintenance Agreement?
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FAQ
In the state of Kentucky, it is exempt so long as the retailer separately states the charge for the contract in its books and records and on the customer's invoice. In the state of Kentucky, parts are considered to be taxable to the repairer.
Ideally, all software purchases should be taxable to final users and exempt for business users. Instead, states tax some kinds of software and exempt others, based on whether it is customized or off-the-shelf and whether it is on CD or downloaded, all silly distinctions for tax purposes.
A digital good or service is anything electronically delivered, such as an album downloaded from iTunes or a film purchased from Amazon. Kentucky requires businesses to collect sales tax on the sale of digital goods due to digital goods being considered tangible personal property.
The full list of taxable services includes: Landscaping services, including but not limited to: lawn care and maintenance services; tree trimming, pruning, or removal services; landscape design and installation services; landscape care and maintenance services; and snow plowing or removal services.
In general, the sale of prewritten computer software is a retail sale of taxable tangible personal property in Kentucky.
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.
But, in most, it's a mixed bag. California exempts most software sales but taxes one type: canned software delivered on tangible personal property an actual object you can touch or hold, such as a disc. Nebraska taxes most software sales with the exception of one type: SaaS.
Certain goods are exempt from sales and use tax including coal and other energy-producing fuels, certain medical items, locomotives or rolling stock, certain farm machinery and livestock, certain seeds and farm chemicals, machinery for new and expanded industry, tombstones, textbooks, property certified as an alcohol
The sale of prewritten software maintenance agreements are also taxable as extended warranty services defined in KRS 139.010(13).