The rate of technology change is increasing, with an emphasis on client/server
technology, faster system development, and shorter life cycles. This has led to spiraling information technology (IT) budgets, driving the need for a re-evaluation of IT management issues. Organizations must find new ways to accommodate technological change. Leasing has recently emerged as a feasible, cost-effective alternative to purchasing equipment, particularly in the desktop and laptop areas.
Indiana Guidelines for Lease vs. Purchase of Information Technology
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Indiana does generally charge sales tax on rentals and leases of tangible personal property unless a specific exemption applies.
Sales and use tax does not apply to SaaS, which California defines as, A customer gains access to software on a remote network without receiving a copy of the software, while the seller retains exclusive possession and control of it. While California has not specifically codified the SaaS revenue stream, the state
Sales of custom software - delivered on tangible media are exempt from the sales tax in Indiana. Sales of custom software - downloaded are exempt from the sales tax in Indiana.
But, in most, it's a mixed bag. California exempts most software sales but taxes one type: canned software delivered on tangible personal property an actual object you can touch or hold, such as a disc. Nebraska taxes most software sales with the exception of one type: SaaS.
Making good on his State of the State promise to provide clarity on the previously murky topic of software-as-a-service (SaaS) and its sales tax status, today Governor Holcomb signed Senate Bill 257 into law.
Thus, much federal purchasing, leasing, and renting of tangible personal property; the use of utilities; meals consumed in restaurants; and other normally taxable goods or services (including accommodations for fewer than 30 days) are exempt from Indiana sales and other transaction-based taxes.
Generally, purchases of tangible personal property, accommodations, or utilities made directly by Indiana state and local government entities are exempt from sales tax.
The cost of the downloaded software is incidental (less than 10% of the total price of the transaction) to the service, so the transaction with the business customer is exempt from sales tax. The service provider, however, is subject to Indiana sales/use tax on the purchase of this software.