Virginia Software Maintenance Agreement

State:
Multi-State
Control #:
US-13175BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a detailed Software Maintenance Agreement document for use in the computer, internet and/or software industries.
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FAQ

Maintenance agreements provide routine maintenance, access to emergency repairs, and constant upgrades to software and your system's hardware. More importantly, the agreement make you a priority and allows you to build a relationship with your maintenance provider.

Virginia charges sales tax during auto loans on the full sale price plus the dealer documentation fee without credit for trade-in vehicles nor rebates. However, GAP insurance, extended warranties, and prepaid maintenance plans are not included in the taxable amount of the auto loan.

The name and address of the involved parties, usually a business and the company providing the service. Price of the contract. Annual maintenance contract terms and conditions. Penalties for breaking contract or contract termination.

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.

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.

A service maintenance contract is a legal agreement between a company and a maintenance service provider. It specifies the terms and conditions of the agreement between the two parties.

Virginia law specifically provides an exemption from the tax, in part, for services not involving an exchange of tangible personal property which provide access to or use of the Internet and any other related electronic communication service, including software, data, content and other information services delivered

Virginia does not usually collect sales taxes on services. However, services which considered part of the physical merchandise purchased, as valued is money or in (such as setup of a purchased piece of machinery)seen as being taxable. Some services are entirely taxable.

Fees for engineering services to produce an original or master plan and specifications for a particular project are not taxable. However, charges for additional copies of such plans and specifications are subject to the retail sales and use tax.

The charge for a software maintenance contract, which provides updates and future releases, is a contract for the sale of tangible personal property and is taxable.

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Virginia Software Maintenance Agreement