South Carolina Software Product Sales Agreement
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FAQ
In the state of South Carolina, any modifications that are made to canned software that are prepared exclusively for a specific customer are considered to be taxable custom programs, not exempt. Sales of digital products are exempt from the sales tax in South Carolina.
The Sales Tax is imposed on the sales at retail of tangible personal property and certain services. The Use Tax is imposed of the storage, use or consumption of tangible personal property and certain services when purchased at retail from outside the state for storage, use or consumption in South Carolina.
Software sold and delivered to a purchaser electronically is not subject to the sales and use tax.
In summary, software sold and delivered to a purchaser by tangible means, such as by tape, diskette or flash drive, is a sale subject to the sales or use tax. Software sold and delivered to a purchaser electronically is not subject to the sales and use tax.
If a business purchases a digital good (only digital goods, NOT digital automated services or remote access software) for business purposes, then the purchase is exempt from sales tax.
South Carolina Digital products are not taxable in South Carolina. Digital products are not specifically included in the definition of tangible personal property.
Additionally, software subscriptions services are considered tangible property and are subject to sales and use taxes.
Traditional Goods or Services Goods that are subject to sales tax in South Carolina include physical property, like furniture, home appliances, and motor vehicles. Prescription medicines, groceries, and gasoline are all tax-exempt.
The South Carolina Department of Revenue (DOR) has issued a private letter ruling regarding the application of sales and use tax to a cloud-based software subscription service.
In summary, software sold and delivered to a purchaser by tangible means, such as by tape, diskette or flash drive, is a sale subject to the sales or use tax. Software sold and delivered to a purchaser electronically is not subject to the sales and use tax.
