South Carolina Online Subscription Agreement
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FAQ
In a recent private letter ruling, the South Carolina Department of Revenue held that software subscription services are tangible personal property subject to sales and use taxes.
Computer software delivered electronically is not a sale of tangible personal property and therefore is not subject to sales and use tax.
Charges paid by a customer for streaming television programs, movies, music, and other similar content are charges for communication services and are therefore subject to South Carolina sales and use tax whether paid for as part of a subscription service, per item, or per event.
Additionally, software subscriptions services are considered tangible property and are subject to sales and use taxes.
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.
Yes, the sale or renewal of a warranty, maintenance or similar service contract for tangible personal property that is subject to the maximum tax provisions under Code Section 12-36-2110 is subject to the sales and use tax, unless otherwise exempt under the law.
Software sold and delivered to a purchaser electronically is not subject to the sales and use tax.
Yes. The sale of software delivered by a tangible means, the diskette, constitutes the sale of tangible personal property subject to the tax.
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.
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.
