New Jersey Software as a Service Subscription Agreement
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FAQ
Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax.
Sales and use tax does not apply to SaaS, which California defines as, A customer gains access to software on a remote network without receiving a copy of the software, while the seller retains exclusive possession and control of it. While California has not specifically codified the SaaS revenue stream, the state
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.
The work performed by a contractor can be a capital improvement, a repair, or a maintenance service. Contractors working in New Jersey are required to be registered with the State for tax purposes and to collect New Jersey sales tax on charges for labor when required.
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.
Yes. Retail sales tax applies to a service contract or warranty sold to a consumer (WAC 458-20-257).
Additionally, software subscriptions services are considered tangible property and are subject to sales and use taxes.
Sales of parts purchased for use in performing service under optional maintenance contracts are exempt from the sales tax in New Jersey.
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.
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).
