South Carolina Software License Agreement

State:
Multi-State
Control #:
US-TC0606
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This is a software license agreement between the owner of a computer program and the customer who wishes to obtain the right to use the software. The agreement covers security, patents and copyrights, liability, compliance with laws, termination of the license agreement, and all other applicable rights and restrictions.

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FAQ

The statewide Sales &? Use Tax rate is six percent (6%). Counties may impose an additional one percent (1%) local sales tax if voters in that county approve the tax.

South Carolina taxes SaaS, but taxes almost no digital goods, with a notable exception for streaming video, which is determined by the state to be a taxable communication service. However, it's important to note that not all states treat SaaS the same way.

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.

SC Revenue Ruling #03-5 defines an Application Service Provider (?ASP?)3 as a company that provides customers access or use of software on the company's website and concludes that charges by an Application Service Provider are subject to sales and use tax under Code Sections 12-36-910(B)(3) and 12-36-1310(B)(3).

This means you can be exempt from paying taxes if you make less money than the established threshold. With that, here are some facts to note: Nearly all US states levy a sales tax on digital goods and services, except for Delaware, Montana, New Hampshire, and Oregon, on certain digital products and services.

In South Carolina, prewritten computer software delivered electronically is not subject to sales and use tax. Similarly in South Carolina, custom computer software delivered electronically is not subject to sales and use tax.

California ? Digital products are tax exempt in California. 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.)

Tax-exempt goods Examples include most non-prepared food items, prescription drugs, and medical supplies. We recommend businesses review the laws and rules put forth by the South Carolina Department of Revenue to stay up to date on which goods are taxable and which are exempt, and under what conditions.

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South Carolina Software License Agreement