Arizona Software Maintenance and Support Agreement
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How to fill out Software Maintenance And Support Agreement?
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FAQ
A131964 Appellate Court reversed lower court decision and holds that the right to replicate and install software is a property right, which is an intangible.
Taxpayer is subject to tax on the entire amount of its gross receipts for software licenses leased to Arizona licensees.
In the state of Arizona, the agreement is required to be sold as a separate and distinct item and separately stated on sales invoice. Sales of parts purchased for use in performing service under optional maintenance contracts are subject to sales tax in Arizona.
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.
Sales of parts purchased for use in performing service under optional maintenance contracts are subject to sales tax in Arizona.
Traditional Goods or ServicesPurchases of physical property like furniture, home appliances, and motor vehicles, are subject to sales tax in Arizona. Arizona does not charge sales tax on the purchase of groceries, prescription medicine, or gasoline.
Sales of canned software - delivered on tangible media are subject to sales tax in Arizona. Sales of canned software - downloaded are subject to sales tax in Arizona. Sales of custom software - delivered on tangible media are exempt from the sales tax in Arizona.
Voters in Arizona have overwhelmingly approved a constitutional amendment prohibiting state and local governments from taxing any service not subject to tax as of December 31, 2017. It also bans state and local governments from increasing existing taxes on services.
Taxpayer's proceeds from software maintenance is subject to tax under A.R.S. § 42-5061 unless an exemption applies.
Under Arizona case law, software is treated as tangible personal property.