Ohio Software Maintenance Agreement
Description
How to fill out Software Maintenance Agreement?
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FAQ
Is SaaS taxable in Ohio? Yes. You owe tax for the sale of cloud software subscriptions to customers in Ohio.
In most states, where services aren't taxable, SaaS also isn't taxable. Other states, like Washington, consider SaaS to be an example of tangible software and thus taxable. Just like with anything tax related, each state has made their own rules and laws.
Ohio requires sales tax on Software-as-a-Service when used in business, but generally does not require sales tax on Software-as-a-Service when intended for personal use.
Code (O.A.C.) 5703-9-46(A)(7). Under that rule, a sale of canned software was considered to be a sale of tangible personal property, as is a sale of prewritten computer software as defined in new R.C. 5739.01(DDD).
In Ohio, web hosting is only taxable if sold for use in a business. For many of the states that exempt web hosting, it is important to separate other taxable items from the web hosting charges.
The contract for providing updates and future releases is a contract for the sale of tangible personal property. The charges for such a software maintenance contract are subject to sales tax regardless that the maintenance contract may be optional with the purchaser.
Ohio exempts digital advertising from sales and use tax. On July 12, 2016, Governor John Kasich signed House Bill 466 (HB 466) into law and, in doing so, exempts digital advertising services from sales and use tax.
A software maintenance agreement, or SMA, is a legal contract that obligates the software vendor to provide technical support and updates for an existing software product for their customers. It may also extend the expiration date of certain features, such as new releases or upgrades.
