Tennessee Software Sales Agreement
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FAQ
A Certificate of Resale allows a business in Tennessee to purchase items for resale without paying sales tax. In order to do so, the retailer will first need to provide a Tennessee Certificate of Resale to their vendor. Learn more about what the Certificate of Resale is, how to get one, and more.
Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax.
California: SaaS is not a taxable service. However, software or information that is delivered electronically is exempt. The ability to access software from a remote network or location is exempt. Under California sales and use tax law, there must be a transfer of TPP, in order to have a taxable event.
Some services related to computer software are considered taxable services under Tenn. Code Ann. Section 67-6- 102(23)(F). These services include repair, maintenance and installation, as well as charges for warranty or service contracts which warrant the repair or maintenance of software.
You likely received a Tennessee resale certificate when you registered for your Tennessee sales tax permit. If you don't have this document, you can contact the Tennessee Department of Revenue to request a new copy by calling 615-253-0600 or submitting a request on their website.
In Tennessee, SaaS and cloud computing are considered taxable as of July 1, 2015, as part of the Revenue Modernization Act. The act specifies that it applies to amounts charged for the remote access and use of software, which remains in the seller's possession, when the purchaser accesses the software within Tennessee.
In most states, where services aren't taxable, SaaS also isn't taxable. Other states, like Washington, consider SaaS to be an example of tangible software and thus taxable. Just like with anything tax related, each state has made their own rules and laws.
In Tennessee, services that are generally not subjected to either sales or use taxes include data processing, information services, and management consulting services. Businesses that offer management consulting or management services are required to pay a local gross receipts tax.
If you Wish to Use a Tennessee Resale Certificate If you don't have this document, you can contact the Tennessee Department of Revenue to request a new copy by calling 615-253-0600 or submitting a request on their website.
The sales tax is Tennessee's principal source of state tax revenue accounting for approximately 60% of all tax collections. The sales tax is comprised of two parts, a state portion and a local portion. The general state tax rate is 7%. The local tax rate varies by county and/or city.
