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Does California require sales tax on Downloadable Custom Software? California does not require sales tax on downloadable custom software.
Except as provided in ? 1.199-3(j)(5)(ii) and 1.199-3(k)(2)(i), computer software, sound recordings, and qualified films are not treated as tangible personal property regardless of whether they are affixed to a tangible medium.
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.
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.
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.)
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.
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).
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.
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.