Iowa Software Maintenance Agreement

State:
Multi-State
Control #:
US-CP0908-AM
Format:
Word; 
Rich Text
Instant download

Description

Computer software consists of instructions or data. Anything that can be stored electronically is software. The storage devices and display devices are hardware.
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FAQ

Essentially, maintenance is what you get regularly done on your vehicle to make sure it stays in fighting form. Maintenance is something that's scheduled ? like an oil change ? whereas service is when you need something specific fixed or tuned up that's outside of your regular maintenance schedule.

What does Services agreement mean? An agreement whereby a supplier agrees to provide specified service(s) to a customer in return for payment of a fee.

Iowa Code 423.2(6)(bu) specifically identifies Software-as-a-Service as a service subject to tax. Iowa Code 423.1 defines services.

Tax-exempt customers Some customers are exempt from paying sales tax under Iowa law. Examples include government agencies, some nonprofit organizations, and merchants purchasing goods for resale. Sellers are required to collect a valid exemption or resale certificate from buyers to validate each exempt transaction.

A maintenance agreement (contract), sometimes called a service agreement (contract), is an agreement which requires specific performance of repairing, cleaning, altering, or improving tangible personal property on a regular or irregular basis to ensure the product's continued satisfactory operation.

In addition, since a maintenance agreement does not provide for the repair or replacement of property due to a defect in materials or workmanship or wear and tear, a maintenance agreement is not a warranty nor a service contract.

A loan servicing agreement is a legal agreement between a lender and a third party, the servicer, that outlines the terms and conditions for which that third party will provide loan servicing services.

Currently, Iowa taxes SaaS and a wide variety of digital products and services. Iowa does have an exemption for purchases made for business use, provided the purchase provides an exemption certificate to the seller.

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Iowa Software Maintenance Agreement