Louisiana Software as a Service Subscription Agreement
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How to fill out Software As A Service Subscription Agreement?
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FAQ
An SLA, or Service Level Agreement, specifies the expected service quality, availability, and responsibilities between the service provider and the customer. On the other hand, a SaaS agreement outlines the terms of software access and usage. Knowing these distinctions can aid you in negotiating your Louisiana Software as a Service Subscription Agreement properly.
Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax.
Any custom software that is delivered through electronic means or via the load and leave method is not considered tangible personal property nor subject to sales tax. However, it is only tax-exempt if separately stated on the invoice from charges for manuals, disks, CDs or other tangible property, which is taxable.
In New York, SaaS and cloud computing are considered taxable because it involves a revenue stream from a license to use or direct the use of the software. Electronically downloaded software is also considered taxable because the state defines it as tangible personal property.
Additionally, software subscriptions services are considered tangible property and are subject to sales and use taxes.
The sale or use of a downloaded digital product such as music, a movie, book or game is a taxable transaction. These transactions fall within the definition of tangible personal property found in LAC 61:I.
Digital Goods or Services A digital good or service is anything electronically delivered, such as an album downloaded from iTunes or a film purchased from Amazon. Louisiana requires businesses to collect sales tax on the sale of digital goods.
Requirements for prewritten software are still subject to sales and use tax regardless of the method of delivery (whether with a physical medium, downloadable or accessed via the Internet) or if possession or control is given.
In most states, where services aren't taxable, SaaS also isn't taxable. Other states, like Washington, consider SaaS to be an example of tangible software and thus taxable. Just like with anything tax related, each state has made their own rules and laws.
Sales of custom software - downloaded are exempt from the sales tax in Louisiana. In the state of Louisiana, any transactions where the customer is required to pay a subscription or access fee to obtain the use, although not the ownership of a website or software are not taxable.