Michigan Software Sales Agreement
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FAQ
If the contract is optional and separately itemized, it is not taxable upon sale to a customer. The servicer under the contract, however, must pay tax on any tangible personal property used to fulfill the maintenance contract. Michigan Letter Ruling 88-30.
In the state of Michigan, services are not generally considered to be taxable.
Sales of custom software - downloaded are exempt from the sales tax in Michigan. In the state of Michigan, it is considered to be exempt if it was separately stated and separately identified. Sales of digital products are exempt from the sales tax in Michigan.
Generally, charges for custom computer software are exempt from Michigan sales and use tax and fees for prewritten computer software (such as a subscription or a license) are subject to sales tax.
In other words, Software-as-a-Service as a cloud-computing program that is only accessed remotely without delivery of a tangible media and does not include the user taking possession of the program is not subject to sales or use tax.
Groceries, prescription medicine, and gasoline are all tax-exempt. Some services in Michigan are subject to sales tax.
The department noted that the right to access/use prewritten computer software (e.g., cloud computing) will generally not be subject to sales or use tax if the consumer does not receive either a copy of the software program or any part of the program's computer code.
California: SaaS is not a taxable service. However, software or information that is delivered electronically is exempt. The ability to access software from a remote network or location is exempt.
Sales of custom software - downloaded are exempt from the sales tax in Michigan. In the state of Michigan, it is considered to be exempt if it was separately stated and separately identified. Sales of digital products are exempt from the sales tax in Michigan.
