Massachusetts Software Maintenance Agreement
Description
How to fill out Software Maintenance Agreement?
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FAQ
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.
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.
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).
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.
The Massachusetts Supreme Judicial Court found that a taxpayer's subscription fees for online software products are subject to sales tax as sales of tangible personal property.
In California, sales of electronic products such as data, digital images, e-books, mobile applications, and software generally aren't taxable because there's no transfer of tangible personal property.
Sales of digital products are exempt from the sales tax in Massachusetts.
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.