Arizona Application Service Provider Software License Agreement
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How to fill out Application Service Provider Software License Agreement?
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FAQ
Automation can make collecting and remitting sales tax for SaaS easier. As of November 2021, over 20 states have deemed SaaS to be taxable. It's inevitable that more states will find precedence to tax it, as it could be a lucrative way for cash-strapped states to collect revenue.
Sales of custom software - downloaded are exempt from the sales tax in Arizona. In the state of Arizona, the charges for the modification of any sort of prewritten software intended for the use of an individual customer are considered to be exempt so long as the are separately stated on the sales invoice and records.
Software is also considered intangible in most states, including Texas. To my knowledge, personal property taxes are not applied to software used in a business. However, software held for sale can be considered inventory. Sales taxes often do apply to software, but property taxes do not.
For property tax purposes in Arizona, personal property is defined as all types of property except real estate. Taxable personal property includes property used for commercial, industrial, and agricultural purposes. Personal property is considered to be movable and not permanently attached to real estate.
The majority of states which have addressed the issue and have concluded that software (at least unbundled software) is not tangible personal property for ad valorem tax purposes and therefore is generally not 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.
Subscription products are an indirect transaction. The customer pays a subscription fee that covers the cost of goods. The thing to be mindful of is that the products are subject to sales tax. So you have to tax the goods through the monthly subscription fee.
Under Arizona case law, software is treated as tangible personal property.
Arizona does impose sales and use tax on SaaS and cloud computing. Prewritten computer software or canned software, which includes software that may have originally been written for one specific customer but becomes available to others, are also taxable and considered sales of tangible personal property.
Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax. Several states have ping-ponged on their decisions, the most recent being Michigan, who ultimately decided to exempt it.
