Illinois Warranty Agreement as to Web Site Software
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How to fill out Warranty Agreement As To Web Site Software?
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FAQ
Despite the Illinois Department of Revenue's historically complex stance on the taxation of computer software, the Department has now stated that SaaS is not subject to sales tax in Illinois.
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.)
The Department of Taxes has issued a Fact Sheet that states that charges to remotely accessed computer software over the cloud and the use of the software is an exempt computer service or the sale of an intangible.
Any custom software that is delivered through electronic means or via the load and leave method is not considered tangible personal property nor subject to sales tax. However, it is only tax-exempt if separately stated on the invoice from charges for manuals, disks, CDs or other tangible property, which is taxable.
In the state of Illinois, any modified software which is held for general or repeated sale or lease is considered to be taxable. Sales of digital products are exempt from the sales tax in Illinois.
Under Illinois law, canned software is considered to be tangible personal property no matter how it is transmitted or transferred: via card, disc, tape, electronic means, or other media.
Illinois does not impose tax on SaaS delivered via a cloud-based system, provided the transaction does not include a transfer of tangible personal property.
Illinois does not impose tax on SaaS delivered via a cloud-based system, provided the transaction does not include a transfer of tangible personal property.
Computer software delivered electronically is not a sale of tangible personal property and therefore is not subject to sales and use tax.
Unlike the treatment of SaaS, if the software is electronically delivered and/or housed on the user's computer, it can be subject tax by the State (unless an exemption is available) but not the City (Chicago does not consider this a lease).