This form is a CD Software License. The agreement provides that the licensor grants to the licensee a non-exclusive license to use the accompanying software and documentation. The form also provides that the licensee may terminate the agreement by returning the licensed product to the licensor.
Wisconsin CD Software License
Category:
State:
Multi-State
Control #:
US-KWP-0044
Format:
Word;
Rich Text
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FAQ
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.)
Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax.
Each license is a separate sale of tangible personal property. 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.
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.
Sales Tax Exemptions in Wisconsin There are many exemptions to state sales tax. This includes, burial caskets, certain agricultural items, certain grocery items, prescription medicine and medical devices, modular or manufactured homes, and certain pieces of manufacturing equipment.
Sales of both tangible personal property and additional digital goods are sub- ject to Wisconsin sales and use taxes, unless an exemption applies.
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, 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).
"A tax is imposed on all retailers at the rate of 5% of the sales price from the sale, lease, license, or rental of specified digital goods and additional digital goods at retail for the right to use the specified digital goods or additional digital goods on a permanent or less than permanent basis and regardless of
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