Rhode Island 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.
Any custom software that is delivered through electronic means or via the load and leave method is not considered tangible personal property nor subject to sales tax. However, it is only tax-exempt if separately stated on the invoice from charges for manuals, disks, CDs or other tangible property, which is taxable.
Luckily, California - the US's biggest state for digital goods - has defined digital goods, software, and SaaS as exempt from sales tax.
Ideally, all software purchases should be taxable to final users and exempt for business users. Instead, states tax some kinds of software and exempt others, based on whether it is customized or off-the-shelf and whether it is on CD or downloaded, all silly distinctions for tax purposes.
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.
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.)
Goods that are subject to sales tax in Rhode Island include physical property, like furniture, home appliances, and motor vehicles. The purchase of prescription medicine, groceries, gasoline, and clothing are tax-exempt.
Software as a Service Taxable in Rhode Island, Effective October 1, 2018. Effective October 1, 2018, Software as a Service (SaaS) is subject to Rhode Island 7% sales and use tax. Tax will apply regardless of whether access to or use of the software is permanent or temporary, and regardless of whether it is downloaded.
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.
