Texas Software Maintenance Agreement
Description
How to fill out Software Maintenance Agreement?
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FAQ
Charges for maintenance of real property are not taxable. You must pay sales tax on all taxable items bought for use in providing nontaxable real property maintenance service. In addition, you must have a contract or other documentation to prove that the services are scheduled and periodic.
Charges for computer program repair, maintenance, or restoration by a person who sold the computer program are taxable. Computer program repair, maintenance, or restoration includes error correction, technical fixes, and technical support, whether provided over the Internet or over the phone.
Software is treated as taxable tangible personal property in Texas. Because Texas statutes define software as tangible personal property, the sourcing rules, sales price determinations, and software development exemptions all are affected.
Internet access service enables users to connect to the internet in order to access information, email and other content online. Texas does not impose sales tax on separately stated internet access charges due to the Internet Tax Freedom Act (ITFA) of 2016, effective July 1, 2020.
Does California require sales tax on Downloadable Custom Software? California does not require sales tax on downloadable custom software.
In Texas, software is considered tangible personal property (TPP) for sales tax purposes and thus is subject to tax. Software means basic operating software and application software delivered electronically or via a tangible medium.
Charges for maintenance of real property are not taxable. You must pay sales tax on all taxable items bought for use in providing nontaxable real property maintenance service. In addition, you must have a contract or other documentation to prove that the services are scheduled and periodic.
Texas Sales & Use Tax While the sale or licensing of software is subject to the Texas sales tax, creating a custom software program or modifying a client's existing software program is not, as long as the client has exclusive rights to the software program.
Under Texas law, computer software is treated as tangible personal property for purposes of Texas sales and use tax. As such, software licenses are treated the same as a sale of goods, and support and maintenance fees can be subject to sales tax.
