Utah Computer Software Lease with License Agreement
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How to fill out Computer Software Lease With License Agreement?
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FAQ
Prewritten software is tangible personal property. Sales, rentals, leases and charges for using prewritten software in Utah are taxable regardless of delivery method (boxed, hosted, downloaded, etc.). Charges to upgrade prewritten software are also taxable.
Prewritten computer software includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than the purchaser.
Canned software, also referred to as prewritten, "shrink-wrapped" or standards software, is computer software that is designed for and distributed "as is" for multiple persons who can use it without modifying its code and which is not otherwise considered custom software.
Prewritten computer software is taxable as tangible personal property, whether it is sold as part of a package or as a separate component, regardless of how the software is conveyed to the purchaser.
There is a fundamental difference between the two. Custom software is written and tailored for the specific needs of a single business or family of businesses. Off-the-shelf software (also called boxed, canned, or packaged software) is ready-made and often specialized for a defined industry vertical.
Examples: Intuit TurboTax; Microsoft Office; Adobe Acrobat. What's the significance? States generally impose sales tax on the licensing of canned software. In some states, the licensing of canned software is only taxable when delivered in tangible form.
Sales of canned software - delivered on tangible media are subject to sales tax in Utah. Sales of canned software - downloaded are subject to sales tax in Utah. Sales of custom software - delivered on tangible media are exempt from the sales tax in Utah.
Updated: 03/12/2022 by Computer Hope. Canned software is software you go to a store and buy off the shelf, opposite from software that someone would make for your specific needs and not the average user.
Sales of canned software - delivered on tangible media are subject to sales tax in Utah. Sales of canned software - downloaded are subject to sales tax in Utah. Sales of custom software - delivered on tangible media are exempt from the sales tax in Utah.
But, in most, it's a mixed bag. California exempts most software sales but taxes one type: canned software delivered on tangible personal property an actual object you can touch or hold, such as a disc. Nebraska taxes most software sales with the exception of one type: SaaS.