This form is a Purchase and License Agreement of a Custom Software Program. The agreement provides that neither party will be liable for damages or have the right to terminate the agreement for any delay or default in performing the agreement if the delay is beyond the control of the breaching party. The agreement may be executed in counterparts and either party may execute the agreement by signing a counterpart.
Kentucky Purchase and License Agreement of Custom Software Program
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How to fill out Purchase And License Agreement Of Custom Software Program?
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FAQ
The sale of prewritten software maintenance agreements are also taxable as extended warranty services defined in KRS 139.010(13).
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.
Kentucky SaaS is non-taxable because it isn't tangible personal property.
Sales of canned software - downloaded are subject to sales tax in Kentucky. Sales of custom software - delivered on tangible media are exempt from the sales tax in Kentucky. Sales of custom software - downloaded are exempt from the sales tax in Kentucky.
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
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.
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 other words, Software-as-a-Service as a cloud-computing program that is only accessed remotely without delivery of a tangible media and does not include the user taking possession of the program is not subject to sales or use tax.
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.
Does California require sales tax on Downloadable Custom Software? California does not require sales tax on downloadable custom software.