This form is a CD Software License. The agreement provides that the licensor grants to the licensee a non-exclusive license to use the accompanying software and documentation. The form also provides that the licensee may terminate the agreement by returning the licensed product to the licensor.
Kentucky CD Software License
Category:
State:
Multi-State
Control #:
US-KWP-0044
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Cloud-Based SoftwareThe sale or lease of prewritten software and software license fees are subject to Kentucky sales and use tax as the sale of tangible personal property as prescribed in KRS 139.200 and KRS 139.010(29) and (41).
Kentucky Food and food ingredients are exempt from sales tax. This exemption does not include candy, tobacco, alcoholic beverages, soft drinks, dietary supplements, prepared food or any food sold through vending machines.
Sales Tax is imposed on the gross receipts derived from both retail sales of tangible personal property, digital property, and sales of certain services in Kentucky. 200bUse Tax is imposed on the purchase price of tangible personal property, digital property purchased for storage, use or other consumption in Kentucky.
KY K-3 InformationThe annual return (Form K-3) is filed with DOR by January 31, following the close of the calendar year. The tax due is to be paid in full at the time the return is filed. The return must be filed even if no tax was withheld during the period.
Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax.
Kentucky SaaS is non-taxable because it isn't tangible personal property.
Goods that are subject to sales tax in Kentucky include physical property, like furniture, home appliances, and motor vehicles. Groceries, prescription medicine, and gasoline are all tax-exempt. Some services in Kentucky are subject to sales tax.
In general, clothing, groceries, medicines and medical devices and industrial equipment are sales tax exempt in many states (but don't assume they'll be exempt in all states. Every state is different when it comes to sales tax!)
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
As of November 2021, over 20 states have deemed SaaS to be taxable. It's inevitable that more states will find precedence to tax it, as it could be a lucrative way for cash-strapped states to collect revenue.