Alabama Agreement for Sales of Data Processing Equipment
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How to fill out Alabama Agreement For Sales Of Data Processing Equipment?
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FAQ
(8) Maintenance contracts sold in connection with software programming, whether required or optional, are not subject to Sales Tax, Use Tax, or Rental Tax.
Here, Alabama does not otherwise tax information services.
Services in Alabama are generally not taxable. However, if the service you provide includes creating or manufacturing a product, you may have to deal with the sales tax on these products. Tangible personal property is generally taxable in Alabama, with a few exceptions for items used in agriculture or industry.
Are services subject to sales tax in Alabama? "Goods" refers to the sale of tangible personal property, which are generally taxable. "Services" refers to the sale of labor or a non-tangible benefit. In Alabama, services are generally not taxable.
Unless specifically stated otherwise, the licensing of computer software is considered a retail sale, and not a rental, and is subject to Sales Tax or Use Tax regardless of its function or form of transmission to the purchaser or licensee.
Alabama generally does not require sales tax on Software-as-a-Service. Why does Alabama not require sales tax on Software-as-a-Service (SaaS)? Alabama does not expressly exempt Software-as-a-Service from sales tax but does define computer software as a sequence of automatic data-processing equipment instructions.
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.
Generally tax applies to the conversion of customer-furnished data from one physical form of recordation to another physical form of recordation. However, if the contract is for the service of developing original information from customer-furnished data, tax does not apply to the charges for the service.