Mississippi Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software
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FAQ
Sales of canned software - downloaded are subject to sales tax in Mississippi. Sales of custom software - delivered on tangible media are subject to sales tax in Mississippi. Sales of custom software - downloaded are subject to sales tax in Mississippi.
Are services subject to sales tax in Mississippi? "Goods" refers to the sale of tangible personal property, which are generally taxable. "Services" refers to the sale of labor or a non-tangible benefit. In Mississippi, specified services are taxable.
When it comes to sales tax, the general rule of thumb has always been products are taxable, while services are non-taxable. Under that scenario, if your business sells coffee mugs, you should charge sales tax for those products.
The state of Mississippi issues just one exemption form, to be utilized when purchasing exempt items such as items intended for resale. The state is one of the few states to only offer one exemption form.
Goods that are subject to sales tax in Mississippi include physical property, like furniture, home appliances, and motor vehicles. Prescription medicine and gasoline are both tax-exempt.
SaaS and cloud computing can generally be considered taxable in Mississippi. While there are no specific provisions that define SaaS, computer program or software sales and services are taxable at the regular retail rate of sales tax. Computer program license fees or maintenance contracts are also 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.
Sales of software or software services transmitted by the Internet to a destination outside the State of Mississippi where the first use of such software or software services by the purchaser occurs outside the State of Mississippi is exempt from sales tax.
Yes, Mississippi imposes a tax on the sale of tangible personal property and various services. The general tax rate is 7%; however, there are reduced rates for certain sales and there are exemptions provided by law.
California: SaaS is not a taxable service. However, software or information that is delivered electronically is exempt. The ability to access software from a remote network or location is exempt. Under California sales and use tax law, there must be a transfer of TPP, in order to have a taxable event.
