Arizona Revenue Sharing Agreement to Income from the Licensing and Custom Modification of the Software is a legal contract entered into by two parties to specify the terms and conditions for sharing revenue generated from licensing and custom modification activities related to software in the state of Arizona, United States. This agreement is crucial in ensuring that all parties involved understand their rights and obligations concerning the distribution of income derived from software licensing and customization. The primary purpose of the Arizona Revenue Sharing Agreement is to outline the percentage or ratio in which revenue generated from software activities will be shared between the parties involved. This agreement enables transparency and accountability, preventing future disputes over revenue distribution. Furthermore, it ensures that both parties receive fair compensation for their efforts and contributions to the licensing and customization of the software. The agreement may have different types or variations, depending on the specific parameters and arrangements. These variations could include: 1. Fixed Percentage Revenue Sharing Agreement: This type of agreement states a fixed percentage or ratio in which the revenue will be divided between the parties. For example, if Party A receives 60% and Party B receives 40%, all income from licensing and custom modification will be allocated accordingly. 2. Tiered Revenue Sharing Agreement: In this arrangement, the revenue sharing structure is divided into multiple tiers based on predetermined milestones, thresholds, or performance metrics. Each tier may have a different revenue-sharing ratio, incentivizing higher performance and achieving specific targets. 3. Flexible Revenue Sharing Agreement: This type of agreement allows the parties to negotiate and determine the revenue-sharing ratio on a case-by-case basis. This flexibility enables both parties to adapt to changing circumstances or market conditions that might impact the valuation of their software licensing or custom modification efforts. 4. Expense Deductible Revenue Sharing Agreement: Some agreements may stipulate the deduction of certain expenses, such as marketing, distribution, or support costs, from the total revenue before sharing. This approach ensures that expenses attributable to generating revenue are accounted for before the distribution, allowing for a more accurate and fair sharing arrangement. In summary, the Arizona Revenue Sharing Agreement to Income from the Licensing and Custom Modification of the Software is designed to establish a fair and transparent structure for sharing revenue generated from software licensing and customization activities. These agreements can vary in terms of revenue-sharing models, such as fixed percentage, tiered, flexible, or expense deductible arrangements, depending on the needs and preferences of the parties involved.
Arizona Revenue Sharing Agreement to Income from the Licensing and Custom Modification of the Software
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FAQ
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.
Under Arizona case law, software is treated as tangible personal property.
Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax.
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. Sales of digital products are subject to sales tax in Arizona.
Taxpayer is subject to tax on the entire amount of its gross receipts for software licenses leased to Arizona licensees.
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.
Arizona's individual NOL treatment conforms to the federal NOL provisions since the starting point for the Arizona income tax computation is the federal adjusted gross income.
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.
Accordingly, the Department determined that gross income from taxpayer's software services was not a taxable activity under the Arizona Transaction Privilege Tax. Arizona Taxpayer Information Ruling LR 16-011, Arizona Department of Revenue (September 23, 2016).
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.