Colorado 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
Computer software is not subject to Colorado sales tax if it is provided, delivered, or transferred to the customer by way of any of the nontaxable software delivery methods described in the table below.
Generally, labor and services are not subject to sales tax. Colorado taxes retail sales of tangible personal property and select services including telephone services, rooms and accommodations, food for immediate consumption, and certain utility services.
Because Colorado doesn't define SaaS, cloud computing or electronically downloaded software as a tangible item, all of them are nontaxable/exempt from sales and use tax in the state.
For example, SaaS is not subject to the 2.9% sales tax by the state of Colorado, but Denver subjects SaaS to a sales tax of 4.31%.
Colorado: Electronically delivered software, SaaS, and backup service not subject to sales tax.
Charges for a physical product that results from data processing services are taxable. The City of Pueblo sales/use tax is due on the sale of products such as mailing lists or seismic reports without regard to whether the list or report is transferred electronically or transferred on tape, disk or paper.
§39-26-105(2) C.R.S. Colorado does not tax Internet access services. Internet access, e-mail services, Web site hosting and domain name registration are nontaxable services.
California: SaaS is not a taxable service. However, software or information that is delivered electronically is exempt. The ability to access software from a remote network or location is exempt. Under California sales and use tax law, there must be a transfer of TPP, in order to have a taxable event.
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.
Luckily, California - the US's biggest state for digital goods - has defined digital goods, software, and SaaS as exempt from sales tax.