New Jersey Electronic Software Distribution Agreement
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FAQ
New Jersey's current sales tax statute exempts electronically delivered software used exclusively in the conduct of the purchaser's business. The exemption applies even if purchaser receives written manuals or training manuals.
Receipts from sales of a specified digital product that is accessed but not delivered electronically to the purchaser are exempt from tax. Nor is tax imposed on other types of property that are delivered electronically, such as digital photographs, digital magazines, etc.
Additionally, software subscriptions services are considered tangible property and are subject to sales and use taxes.
Fees for the service of installing software for the customer are subject to Sales Tax. They are treated as charges for the installation of tangible personal property. N.J.S.A. B-3(b)(2).
Requirements for prewritten software are still subject to sales and use tax regardless of the method of delivery (whether with a physical medium, downloadable or accessed via the Internet) or if possession or control is given.
Under the terms of a licence or distribution agreement a licensee is generally granted the right to use your intellectual property (including your trade mark) or to distribute your product within a defined territory.
A distribution deal (also known as distribution contract or distribution agreement) is a legal agreement between one party and another, to handle distribution of a product. There are various forms of distribution deals. There are exclusive and non-exclusive distribution agreements.
Software distribution agreements specifically allow distributors to market and sell the developer's software to end users. A software distribution agreement sets forth the rights and duties of both the developer and the distributor to avoid disputes later on.
A software license agreement should include the licensor's reservation of all its rights not specifically granted to the licensee and the licensee's acknowledgment of the licensor's ownership of the licensed software. Payment terms.
Services delivered into New Jersey are taxable when they are specifically listed under N.J.S.A. B-3. Use of a software application is not listed as a taxable service. Therefore, most charges for SaaS are not subject to Sales Tax.
