Minnesota Software License Agreement for Certain Computer Programs
Description
How to fill out Software License Agreement For Certain Computer Programs?
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FAQ
Information and directions, received in any format, that provide new or significantly improved function to a computer program are taxable.
Requirements for prewritten software are still subject to sales and use tax regardless of the method of delivery (whether with a physical medium, downloadable or accessed via the Internet) or if possession or control is given.
1/27/92. 120.0060 Computer Work. If the product of a computer operation consists simply of punchcards or other tangible property prepared from data supplied by the customer, the operation constitutes a processing of personal property and is taxable as a sale under section 6006(b).
The sales tax is a tax on final retail sales. Items purchased for resale (i.e., goods bought by a retailer from a wholesaler) are exempt. In Minnesota, the rule of thumb is that tangible personal property is taxable unless specifically exempted, and services are not taxable unless specifically included.
Optional maintenance contracts are taxable if they in- clude any taxable items, unless the cost of those items is insignificant. These contracts provide: 2022 repair and replacement parts; and 2022 consumable items at no cost to the customer.
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.
Subscriptions to use online-hosted software are not taxable. Charges for maintenance or upgrades to online hosting software are not taxable, even if separately stated. Digital products are products provided to a customer electronically. Usually, a customer is given access to the product through the Internet or email.
Canned software, also referred to as prewritten, "shrink-wrapped" or standards software, is computer software that is designed for and distributed "as is" for multiple persons who can use it without modifying its code and which is not otherwise considered custom software.
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.)
