This is a software license agreement between the developer and the customer, giving the customer the right to use the software. The agreement addressses the restriction of use by the customer, deliveries, fees, payment, and all other areas that are typically parts of such an agreement.
Illinois Software License Agreement
Category:
State:
Multi-State
Control #:
US-TC05102
Format:
Word;
PDF;
Rich Text
Instant download
Description
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How to fill out Software License Agreement?
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FAQ
As part of a retail sale, charges for maintenance agreements or warranty contracts are taxable if they are included in the selling price of the tangible personal property but are not taxable if they are sold separately.
Retail sales of canned software (pre-written software) which is intended for general or repeated use, regardless of the form in which it is transmitted, including electronic means (i.e., downloaded), is subject to tax. A license of computer software is not taxable if specific conditions are met. 86 Ill. Adm.
How Does the Chicago Lease Tax Apply to SaaS or Cloud-Based Products? The tax rate for most lease transactions is 9%; however, as of January 1, 2016, the City imposed a lower rate of 5.25% for a nonpossessory computer lease (SaaS or Cloud-Based Products). This was increased on January 1, 2020, to 7.25%.
If the charges for the agreements are included in the selling price of the tangible personal property, those charges are part of the gross receipts of the retail transaction and are subject to tax. In those instances, no tax is incurred on the maintenance services or parts when the repair or servicing is performed.
Generally, sales of ?canned? computer software are taxable retail sales in Illinois. Canned computer software is considered to be tangible personal property regardless of the form in which it is transferred or transmitted, including tape, disc, card, electronic means, or other media.
Services in Illinois 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 products.
The IDOR notes that software maintenance agreements are not taxable if the agreements for the maintenance of tangible personal property are sold separately from the tangible personal property.
Some goods are exempt from sales tax under Illinois law. Examples include fuel for international flights, gold bullion issued by qualifying governments, and newspapers and magazines.
