Wisconsin Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software
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How to fill out Agreement Between Licensor And Dealer For Sale Of Computers, Internet Services, Or Software?
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FAQ
Section 77.52 (2) (a) 13m., Stats., imposes Wisconsin sales tax on the sale of contracts, including service contracts, maintenance agreements, computer software maintenance contracts for prewritten computer software, and warranties, that provide, in whole or in part, for the future performance of or payment for the
Stats., (generally referred to in this Common Question as "items, property, and goods") and taxable services (such as services to prewritten computer software or services to computer hardware), are subject to Wisconsin sales and use taxes when the sale or purchase is sourced to (i.e., takes place in) a location in
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.
The sale of electronic data products such as software, data, digital books (eBooks), mobile applications and digital images is generally not taxable (though if you provide some sort of physical copy or physical storage medium then the sale is taxable.)
Charges for prewritten computer software that is downloaded to the customer's equipment (or equipment that the customer has access to and control over) in Wisconsin are taxable.
The sale, lease, or license of computer software, except custom computer software, in Wisconsin is subject to Wisconsin sales or use tax unless an exemption applies, regardless of how it is delivered to the customer (diskette vs. electronically).
Professional services are not subject to sales tax in the state of California.
Are services subject to sales tax in Wisconsin? The state of Wisconsin does not usually collect sales taxes on the vast majority of services performed.
The purchase price of the prewritten computer software is not allocated; the sale of each license is taxable or not taxable to Wisconsin, depending on where it was delivered. Software as a Service (SaaS) is not treated as the sale or license of software.
Requirements for prewritten software are still subject to sales and use tax regardless of the method of delivery (whether with a physical medium, downloadable or accessed via the Internet) or if possession or control is given.
