Virginia Software Sales Agreement
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FAQ
SaaS and Cloud Computing Tax Rules: Nontaxable The state's Department of Revenue also determined that membership fees to access cloud computing and on-demand software are not taxable as there is no transfer of tangible personal property.
Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax.
Electronically Delivered Software The Virginia Department of Revenue has maintained a long-standing policy, which is referenced in Virginia Public Document Ruling No. 05-44 , that sales of software delivered electronically do not constitute the sale of tangible personal property and are not subject to sales tax.
The Virginia Department of Revenue has maintained a long-standing policy, which is referenced in Virginia Public Document Ruling No. 05-44 , that sales of software delivered electronically do not constitute the sale of tangible personal property and are not subject to sales tax.
Generally is taxable except for information customized to a particular customer's needs and sold to that particular customer. In the state of Virginia, it is considered to be exempt so long as the transaction does not include the transfer of any tangible personal property.
In the state of Virginia, any maintenance contracts that provide only repair labor are considered to be exempt. Any contracts that provide both parts and labor are definitely subject to tax on one-half the total charge for the contract. Contracts which provide only parts are considered to be taxable.
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.
There is typically no transfer or provision of tangible personal provided to customers of cloud-computing services. Therefore, the Taxpayer incurs no taxable use in downloading from the Developer's servers in Virginia.
The Virginia Department of Revenue has maintained a long-standing policy, which is referenced in Virginia Public Document Ruling No. 05-44 , that sales of software delivered electronically do not constitute the sale of tangible personal property and are not subject to sales tax.
