Minnesota Software Specifications Agreement

State:
Multi-State
Control #:
US-KWP-0011
Format:
Word; 
Rich Text
Instant download

Description

This form is a Software Specifications Agreement. The form provides that the Software Specifications Rider is incorporated into the Software License Agreement. The agreement also provides that the independent contractor agrees to perform for the licensee certain computer programming services for the development, delivery, and maintenance of the the custom computer software.
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FAQ

IC134, Withholding Affidavit for Contractors.

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.

Service fees for the installation of software are subject to sales tax. Moreover, charges for software maintenance services including delivery of updates for prewritten software are generally taxable. However, maintenance contracts that only provide support services for canned software are not taxable.

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.

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

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.

Ideally, all software purchases should be taxable to final users and exempt for business users. Instead, states tax some kinds of software and exempt others, based on whether it is customized or off-the-shelf and whether it is on CD or downloaded, all silly distinctions for tax purposes.

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.)

In the state of Minnesota, services are not generally considered to be taxable.

More info

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Minnesota Software Specifications Agreement