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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.
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.) (Source: California BOE Publication 109 Non Taxable Sales).
You are responsible for collecting and remitting sales tax on taxable sales made through your website and other sources. When the marketplace is not required to collect Minnesota sales tax on your behalf, you must also collect and remit Minnesota sales tax on those taxable sales.
A multiple-use license for prewritten computer software is taxable. A custom computer software program is not taxable. A custom program is one that is prepared to the special or- der of the customer. It generally requires consultation and an analysis of the customer's requirements.
If the web design is delivered electronically, meaning there is no tangible property transfer, no sales tax will be charged. However, if the finished site is transferred to a zip drive, disk or a paper copy of the site design is provided, there is a tangible property transfer, and sales tax must be charged.
Digital goods, which are nontangible versions of tangible goods, such as e-books, streaming music, and online video games, are not taxable unless specifically included. Intangible personal property, such as stocks and bonds, are not subject to the sales tax.
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.
Common examples include:Clothing for general use, see Clothing.Food (grocery items), see Food and Food Ingredients.Prescription and over-the-counter drugs for humans, see Drugs.
Materials used or consumed in the industrial production of a retail product, including digital products, are exempt from Minnesota Sales Tax. To buy these materials exempt from tax, the purchaser must provide a completed Form ST3, Certificate of Ex- emption.