New Mexico Software License Agreement for Certain Computer Programs
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How to fill out Software License Agreement For Certain Computer Programs?
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FAQ
The majority of states which have addressed the issue and have concluded that software (at least unbundled software) is not tangible personal property for ad valorem tax purposes and therefore is generally not taxable.
While software is not physical or tangible in the traditional sense, accounting rules allow businesses to capitalize software as if it were a tangible asset. Software that is purchased by a firm that meets certain criteria can be treated as if it were property, plant, & equipment (PP&E).
Prewritten computer software is taxable as tangible personal property, whether it is sold as part of a package or as a separate component, regardless of how the software is conveyed to the purchaser.
But, in most, it's a mixed bag. California exempts most software sales but taxes one type: canned software delivered on tangible personal property an actual object you can touch or hold, such as a disc. Nebraska taxes most software sales with the exception of one type: SaaS.
Prewritten (or canned) computer software is not designed or developed by the author or creator to the specifications of a specific purchaser. This includes software designed and developed for a specific purchaser but then sold to someone other than the intended purchaser.
The definition of SaaS sometimes falls in the gray area of digital service. New Mexico does tax SaaS products, but check the website to confirm that the definition firmly applies to your service.
Traditional Goods or ServicesPrescription 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.
Generally speaking, sales and leases of goods and other property, both tangible and intangible, are taxable. Unlike many other states, sales and performances of most services are taxable in New Mexico. Most tangible goods are also taxable with the exception of grocery items.
In New Mexico, receipts from the sale or license of prewritten software delivered electronically are subject to gross receipts tax. New Mexico defines SaaS and cloud computing as services, making them subject to the state's taxes.
In other words, Software-as-a-Service as a cloud-computing program that is only accessed remotely without delivery of a tangible media and does not include the user taking possession of the program is not subject to sales or use tax.