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Examples of services not subject to sales tax are capital improvements to real property, medical care, education, and personal and professional services.
Storage of tangible personal property is generally subject to sales tax in New York State. However, the rental of real property is not subject to sales tax. Also, storage services delivered to the purchaser outside of New York State are not subject to sales or use tax.
All charges for materials and labor that you bill to your customer for any repair, maintenance, or installation project, including any expenses or other markups, are taxable.
SaaS Transactions are Taxable Under New York's Tax Law, software is considered to be tangible personal property. The Tax Law essentially creates the legal fiction that something that has virtually no physical properties qualifies as tangible property.
The City Sales Tax rate is 4.5% on the service, there is no New York State Sales Tax. If products are purchased, an 8.875% combined City and State tax will be charged. The City charges a 10.375% tax and an additional 8% surtax on parking, garaging, or storing motor vehicles in Manhattan.
Sales tax also does not apply to most services. Examples of services not subject to sales tax are capital improvements to real property, medical care, education, and personal and professional services.
When it comes to sales tax, the general rule of thumb has always been products are taxable, while services are non-taxable. Under that scenario, if your business sells coffee mugs, you should charge sales tax for those products.
Sales of tangible personal property are subject to New York sales tax unless they are specifically exempt. Sales of services are generally exempt from New York sales tax unless they are specifically taxable.
The service of transporting household goods (moving service) is not subject to sales tax unless the charge is included as part of the bill for the sale of taxable property or services (e.g., a charge for shipping as part of the sale of taxable tangible personal property).