West Virginia Software Product Sales Agreement
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How to fill out Software Product Sales Agreement?
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FAQ
Software-as-a-Service products The definition of SaaS sometimes falls in the gray area of digital service. West Virginia does tax SaaS products, but check the website to confirm that the definition firmly applies to your service.
Sales Tax Exemptions in West Virginia Also exempt is contracting services , so long as it is constructing, altering, repairing, decorating, or improving a real property, and certain medical paraphernalia, such as drugs, durable medical goods, prescribed prosthetic devices, and mobility enhancing equipment.
Goods that are subject to sales tax in West Virginia include physical property, like furniture, home appliances, and motor vehicles. The purchase of prescription medicine, groceries and gasoline are tax-exempt.
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.)
West Virginia is a destination-based sales tax state. So if you sell an item to a customer through your online store, collect sales tax at the tax rate where your product is delivered. (I.e. the Buyer's ship to address.) The West Virginia state sales tax rate is 6%.
Ideally, all software purchases should be taxable to final users and exempt for business users. Instead, states tax some kinds of software and exempt others, based on whether it is customized or off-the-shelf and whether it is on CD or downloaded, all silly distinctions for tax purposes.
12. What sales sourcing rules does West Virginia follow? The general rule is that the transaction is sourced to the location where the purchaser receives the tangible personal property purchased or makes first use of the service purchased.
Taxable and exempt shipping chargesWest Virginia sales tax may apply to charges for shipping, handling, delivery, freight, and postage. Separately stated shipping charges are generally taxable unless provided by a common carrier (and the customer pays the delivery charge directly to the common carrier).
Sales of custom software - downloaded are subject to sales tax in West Virginia. Sales of customization of canned software are subject to sales tax in West Virginia. Sales of digital products are exempt from the sales tax in West Virginia.
Goods that are subject to sales tax in West Virginia include physical property, like furniture, home appliances, and motor vehicles. The purchase of prescription medicine, groceries and gasoline are tax-exempt.
