Minnesota Software Maintenance Agreement - Alternate

State:
Multi-State
Control #:
US-CP0909-AM
Format:
Word; 
Rich Text
Instant download

Description

This sample form, a detailed Software Maintenance Agreement (Alternate) document, is for use in the computer, internet and/or software industries. Adapt to fit your circumstances. Available in Word format.
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FAQ

(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.

(3) Subscriptions. (A) Exempt Subscriptions. Tax does not apply to the sale or use of a periodical, including a newspaper, which appears at least four, but not more than 60 times each year, which is sold by subscription, and which is delivered by mail or common carrier.

Generally, sales tax in Minnesota is not imposed on most SaaS products. However, some digital goods are taxable in Minnesota. It's important to evaluate your product's specific functionality to understand whether it's taxable under Minnesota law.

Sales tax is due on the sale, lease, or license of a canned or prewritten program that is held or existing for general or repeated sale, lease, or license. The sale of canned or prewritten programs is the sale of tangible personal property. Minnesota Statutes, section 297A.

In general, computer hardware and canned software are taxable, but custom software and computer services are exempt.

Oklahoma does not tax any cloud, SaaS, or digital products. Generally speaking, the state only taxes physical goods and limited, explicitly enumerated services. This means that businesses offering digital products in the state most likely do not need to collect and remit sales tax on Oklahoma transactions.

In most states, where services aren't taxable, SaaS also isn't taxable. Other states, like Washington, consider SaaS to be an example of tangible software and thus taxable.

In most states, where services aren't taxable, SaaS also isn't taxable. Other states, like Washington, consider SaaS to be an example of tangible software and thus taxable. Just like with anything tax related, each state has made their own rules and laws.

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Minnesota Software Maintenance Agreement - Alternate