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States not using any definition at all - There are 18 states (Alabama, Arizona, California, Colorado, D.C., Florida, Hawaii, Idaho, Maryland, Massachusetts, Missouri, New Mexico, New York, Pennsylvania, South Carolina, South Dakota, Utah and Virginia) that do not specifically define digital goods.
The purposes of the Procurement Code are to provide for the fair and equitable treatment of all persons involved in public procurement, to maximize the purchasing value of public funds and to provide safeguards for maintaining a procurement system of quality and integrity.
Sales of custom software - downloaded are subject to sales tax in New Mexico. Sales of customization of canned software are subject to sales tax in New Mexico. Sales of digital products are subject to sales tax in New Mexico.
Shipping charges are taxable when not separately stated on the invoice, or if they're combined with handling or other fees as a single charge. Washington: Sales tax generally applies to charges to deliver taxable goods, even if separately stated, or if the seller is also the carrier.
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.)
The majority of states (Arkansas, Connecticut, Georgia, Illinois, Kansas, Kentucky, Michigan, Mississippi, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia and
Sales tax on shipping charges in New MexicoNew Mexico does apply sales tax to shipping costs. The rule of thumb is that if what you're selling is subject to tax, then the shipping charges are also subject to tax.
The sales of digital photographs electronically transferred to your customers are subject to tax when you provide your customer a tangible form of the photograph, such as a print, negative, or tangible storage medium such as a CD or flash drive.
Goods that are subject to sales tax in New Mexico include physical property, like furniture, home appliances, and motor vehicles. Prescription medicine, groceries, and gasoline are all tax-exempt. New Mexico is unique in the fact that the state requires gross receipts tax to be paid on all services.
Gross receipts tax applies to delivery and shipping charges (including postage and transportation charges) in New Mexico, whether separately stated or included in the sale price. There are exceptions to almost every rule with gross receipts tax, and the same is true for shipping and handling charges.