Arizona Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software
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How to fill out Agreement Between Licensor And Dealer For Sale Of Computers, Internet Services, Or Software?
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FAQ
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.
Purchases 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 tax applies to the retail sales of hardware, miscellaneous supplies, repair parts, and pre-written and sub-licensed software. Sales tax also applies if the client is required to purchase a maintenance contract or the hotline support service.
Providing prewritten or canned computer software, whether or not characterized as a license agreement is a taxable retail sale.
Sales of parts purchased for use in performing service under optional maintenance contracts are subject to sales tax in Arizona.
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.
Under Arizona case law, software is treated as tangible personal property.
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.
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.
For property tax purposes in Arizona, personal property is defined as all types of property except real estate. Taxable personal property includes property used for commercial, industrial, and agricultural purposes. Personal property is considered to be movable and not permanently attached to real estate.