This form is a CD Software License. The agreement provides that the licensor grants to the licensee a non-exclusive license to use the accompanying software and documentation. The form also provides that the licensee may terminate the agreement by returning the licensed product to the licensor.
New Jersey CD Software License
Category:
State:
Multi-State
Control #:
US-KWP-0044
Format:
Word;
Rich Text
Instant download
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How to fill out New Jersey CD Software License?
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FAQ
The use in New Jersey of prewritten computer software purchased at retail without payment of sales or use tax is subject to Use Tax. N.J.S.A.
In addition, licenses for the use of software accessed electronically are not considered sales of tangible personal property, and therefore are not subject to state sales tax, as long as no transfer of tangible personal property occurs as a part of the transaction.
New Jersey imposes a tax on the retail sale of specified digital products and on receipts for installing, maintaining, servicing, or repairing specified digital products. Specified digital product means an electronically transferred digital audio-visual work, digital audio work, or digital book.
Professional services are typically not subject to sales tax in the state of New Jersey. However, the state stipulates that a business which provides access to any type of information (e.g. stock quotes, financial, legal research, property values, and marketing trends) through any means is taxable.
Sales of custom software - downloaded are exempt from the sales tax in New Jersey. In the state of New Jersey, it is considered to be exempt so long as it was separately stated, reasonable charge for the professionally done service of modifying canned software for a specific customer.
The sale of electronic data products such as software, data, digital books (eBooks), mobile applications and digital images is generally not taxable (though if you provide some sort of physical copy or physical storage medium then the sale is taxable.)
A computer software maintenance contract that only provides customer support services is treated as a sale of non-enumerated services and is not subject to sales tax.
The retail sale of prewritten software is taxable. The sale of a license to use prewritten software is treated the same as the sale of outright title to the prewritten software. The use in New Jersey of prewritten computer software purchased at retail without payment of sales or use tax is subject to Use Tax. N.J.S.A.
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.
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.
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