Minnesota Software Maintenance Agreement
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How to fill out Software Maintenance Agreement?
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FAQ
In Minnesota, the sales taxability of digital products is dependent on the nature of the service provided. Generally, sales tax in Minnesota is not imposed on most SaaS products. However, some digital goods are taxable in Minnesota.
All payments for prewritten computer software are taxa- ble, including those billed on a periodic basis (i.e., weekly, monthly, yearly), or on a per use or per hit basis. A multiple-use license for prewritten computer software is taxable. A custom computer software program is not taxable.
Optional maintenance contracts provide prepaid coverage for scheduled oil changes, tire rotation, etc. Optional maintenance contracts are taxable if they include any taxable items, unless the cost of those items is insignificant. The sales tax is due when the contract is sold, not when the maintenance is performed.
(2) A monthly charge billed to the clients for telephone support and periodic updates of software. The charge for a software maintenance contract, which provides updates and future releases, is a contract for the sale of tangible personal property and is taxable.
This Revenue Notice explains the sales tax treatment of optional maintenance and warranty contracts on equipment. This Revenue Notice does not apply to optional maintenance contracts on computer software which are governed by Minnesota Rules part 8130.9910.
If the maintenance contract is required by the vendor as a condition of the sale or rental of canned software, it will be considered as part of the sale, or rental of the canned software, and the gross sales price is subject to tax whether or not the charge for the maintenance contract is separately stated from the ...
California imposes a 7.25% state sales and use tax on all taxable SaaS and tangible software. In most areas of California, local jurisdictions have added district taxes that increase the tax owed by a seller. Those district tax rates range from 0.10% to 1.00%.
The contract for providing updates and future releases is a contract for the sale of tangible personal property. The charges for such a software maintenance contract are subject to sales tax regardless that the maintenance contract may be optional with the purchaser.
