Minnesota Software Maintenance Agreement
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FAQ
Retail sales of new or used data processing equipment are taxable.
Taxable Services in MinnesotaAdmissions to places of amusement (including recreational areas and athletic events)Making available amusement devices (including video games and games of chance)Making available health clubs, spas, tanning facilities, reducing salons, steam baths, or athletic facilities.More items...?
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.
A maintenance agreement for custom software is not taxable. 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.
Does Minnesota currently impose a sales tax or other tax on Internet access? No, Minnesota does not impose its sales tax on Internet access charges.
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.
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.26-May-2021
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. Used car dealers in Minnesota must provide a warranty with the sale of certain used cars.
Repair labor is generally exempt from sales tax in Minnesota if the repair charges are separately stated from taxable repair parts or other taxable items on the bill to the customer. A charge to replace a malfunctioning component part of an item with a comparable part is considered nontaxable repair labor.
