North Carolina Software Maintenance and Support Agreement

State:
Multi-State
Control #:
US-13001BG
Format:
Word; 
Rich Text
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Description

This form is a detailed Software and Equipment Maintenance Services Agreement for use in the computer, internet and/or software industries.
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FAQ

Effective March 1, 2016, N.C. imposes a sales tax on repair, maintenance, and installation services. Optional computer software maintenance contracts with respect to prewritten software that only provide support services that meet the definition of repair, maintenance, and installation services are fully taxable,

NC. Beginning on January 1, 2014, NC rolled out a new sales and use tax. The tax applies to warranty agreements, service contracts and maintenance agreements that cover tangible personal property. The amount of the NC Sales and Use tax for these contracts is 4.75%.

An educational service is not taxable digital property The bill clarifies that, as of the effective date of the bill (June 5, 2020, unless otherwise noted) an educational service is not certain digital property subject to North Carolina sales tax.

The sales price of or the gross receipts derived from a service contract sold at retail is subject to the general 4.75% State, applicable local (2.00% or 2.25%), and applicable transit (0.50%) rates of sales and use tax. Service contracts are taxed in accordance with N.C. Gen. Stat.

In the state of North Carolina, only computer software which meets certain descriptions is considered to be exempt. Sales of custom software - delivered on tangible media are exempt from the sales tax in North Carolina. Sales of custom software - downloaded are exempt from the sales tax in North Carolina.

Does North Carolina require sales tax on Software-as-a-Service (SaaS)? North Carolina generally does not require sales tax on Software-as-a-Service.

Prescription Medicine, groceries, and gasoline are all tax-exempt. Some services in North Carolina are subject to sales tax.

Services in North Carolina are generally not taxable, with important exceptions. If the service you provide includes creating or manufacturing a product, you may have to deal with the sales tax on products.

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.

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North Carolina Software Maintenance and Support Agreement