Massachusetts Software Distribution and Maintenance Agreement
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FAQ
Sales of custom software, personal and professional services, and reports of individual information are generally exempt from Massachusetts sales and use taxes.
Electronically downloaded software is also considered taxable because the state defines it as tangible personal property. As of January 1, 2019, companies with $100,000 in sales establish economic nexus and are required to collect and remit sales tax.
Sales of prewritten computer software, regardless of the method of delivery, are subject to the Massachusetts sales tax. SaaS, cloud computing and electronically downloaded software are all taxable in the state because the object of the transaction is acquiring the right to use the software.
In addition, sales of prewritten software, computer hardware, and hardware and software maintenance contracts involving software updates, upgrades and fixes are generally subject to the Massachusetts sales and use tax under the rules provided in the regulation.
Sales of canned software - downloaded are subject to sales tax in Massachusetts. Sales of custom software - delivered on tangible media are exempt from the sales tax in Massachusetts. Sales of custom software - downloaded are exempt from the sales tax in Massachusetts.
Are service contract or warranty sales to the end customer subject to sales tax at the time of sale? Yes. Retail sales tax applies to a service contract or warranty sold to a consumer (WAC 458-20-257).
Unlike Connecticut and New York, business and professional services in Massachusetts are presumed taxable unless specifically exempt by state statute. In general, most business and professional services are exempt from the state's sales tax (MASS.
According to the Department~'s data processing regulations, the punching or input of data is taxable only if it is the sole service provided under a contract. It is not taxable when performed as a step in processing a client's data.
Massachusetts imposes a 6.25% sales tax on sales of tangible personal property and telecommunications services within the Commonwealth, including sales of prewritten (also called canned or standardized) software regardless of the method of delivery.
