Tennessee Software Distribution and Maintenance Agreement
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How to fill out Software Distribution And Maintenance Agreement?
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FAQ
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.
Software distribution agreements are necessary for distributors to know how and where to distribute a developer's software, and for developers to define their relationship with distributors. See what goes into a solid software distribution agreement. This article is for informational purposes.
A software maintenance agreement, or SMA, is a legal contract that obligates the software vendor to provide technical support and updates for an existing software product for their customers. It may also extend the expiration date of certain features, such as new releases or upgrades.
Tenn. Code Ann. § 67-6-202(a) (2007) imposes an additional state tax at the rate of 2.75 percent on the amount over $1,600, but less than or equal to $3,200, on the sale or use of any single article of tangible personal property (the ?state single article sales tax?). 1.
Section 67-6-102(25). Thus, consulting services and charges for services to create, design, develop, fabricate, program, alter or modify computer software are subject to the sales or use tax when the charges are made as part of the sale of software.
The sale of a warranty or service contract covering the repair or maintenance of tangible personal property is subject to sales tax at the time of the sale of the contract.
Tennessee law imposes the sales tax whether the price of the software maintenance contract is a mandatory or optional charge made by the software dealer when selling or licensing software. The total sales price of the computer software maintenance contract is subject to the 7% state tax rate plus the local tax rate.
Tennessee taxes a wide variety of SaaS and digital products, with limited exceptions. However, Tennessee does not tax most professional and other people services.