New Jersey Software Maintenance Agreement
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FAQ
Taxable and Non-Taxable Digital Products Therefore, the sale of a specified digital product accessed but not delivered electronically is not taxable in New Jersey. However, if the digital product meets the definition of an information service, the sale will be taxable.
New Jersey imposes sales tax on a range of digital goods, but does not generally tax SaaS products.
A software maintenance agreement, or SMA, is a legal contract that obligates the software vendor to provide technical support and updates for an existing software product for their customers. It may also extend the expiration date of certain features, such as new releases or upgrades.
The current Sales Tax rate is 6.625% and the specially designated Urban Enterprise Zones rate is one half the Sales Tax rate. Certain items are exempt from sales tax, such as food, clothing, drugs, and manufacturing/processing machinery and equipment. A resale exemption also exists.
California generally does not require sales tax on Software-as-a-Service.
In general, SaaS is considered a taxable service in New York. This means that businesses providing SaaS to customers in the state should collect and remit sales taxes on their sales transactions.
The contract for providing updates and future releases is a contract for the sale of tangible personal property. The charges for such a software maintenance contract are subject to sales tax regardless that the maintenance contract may be optional with the purchaser.
INSTALLATION AND MAINTENANCE SERVICES AND SERVICE CONTRACTS They are treated as charges for the installation of tangible personal property. N.J.S.A. B-3(b)(2). The sale of a maintenance contract for prewritten software is generally subject to tax.
