Massachusetts Software Product Sales Agreement
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
Sales of digital products are exempt from the sales tax in Massachusetts.
The majority of states which have addressed the issue and have concluded that software (at least unbundled software) is not tangible personal property for ad valorem tax purposes and therefore is generally not taxable.
Digital goods may be taxed like tangible goods The states that define tangible personal property very broadly to encompass digital goods are: Alabama, Arizona, New Mexico, Utah, and West Virginia. The states that define electronic versions as equivalents of tangible property are: Indiana, Louisiana, Maine, and Texas.
Traditional Goods or Services Goods that are subject to sales tax in Massachusetts include physical property, like furniture, home appliances, and motor vehicles. Prescription medicine, groceries, gasoline, and clothing are all tax-exempt. Some services in Massachusetts are subject to sales tax.
Online shoppers will start paying sales tax on more of their purchases. New rules go into effect Tuesday that require online retailers to collect Massachusetts' 6.25% sales tax from customers.
The sale of electronic data products such as software, data, digital books (eBooks), mobile applications and digital images is generally not taxable (though if you provide some sort of physical copy or physical storage medium then the sale is taxable.)
Traditional Goods or Services Goods that are subject to sales tax in Massachusetts include physical property, like furniture, home appliances, and motor vehicles. Prescription medicine, groceries, gasoline, and clothing are all tax-exempt.
First, the statute defines computer software as personal property only to the extent of the value of the uninstalled storage medium on or in which it is stored or transmitted. Next, the statute goes on to define all computer software as an intangible.
Sales of custom software, personal and professional services, and reports of individual information are generally exempt from Massachusetts sales and use taxes.
While software is not physical or tangible in the traditional sense, accounting rules allow businesses to capitalize software as if it were a tangible asset. Software that is purchased by a firm that meets certain criteria can be treated as if it were property, plant, & equipment (PP&E).
