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Nexus rules in Kentucky dictate when businesses are required to collect state taxes. Generally, a business establishes nexus if it has a physical presence in Kentucky or makes significant sales within the state. Understanding these rules can help you navigate the complexities of the Kentucky Computer Software Lease with License Agreement and ensure that your business fulfills tax obligations.
Yes, software licenses are typically taxable in Kentucky, especially if they fall under the definition of a Kentucky Computer Software Lease with License Agreement. This taxation applies whether the license is for a perpetual or a subscription basis. Therefore, businesses must factor this into their accounting practices to remain compliant with state regulations.
In Kentucky, the taxability of Software as a Service (SaaS) is subject to local regulations. Generally, SaaS may be taxed if it involves the transfer of tangible personal property or if it includes a Kentucky Computer Software Lease with License Agreement. It’s essential to review Kentucky’s tax guidelines to ensure compliance and determine your specific obligations.
Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax. Several states have ping-ponged on their decisions, the most recent being Michigan, who ultimately decided to exempt it.
Can I get a Kentucky account number for a client? 200bThe best way to access company account numbers is via Kentucky One Stop Business Portal. Another way would be if the interested party is listed on form 20A100 (Power of Attorney/Declaration of Representative) on file with the Department of Revenue.
Register online with the KY Dept of Revenue to receive a Withholding Account Number. Registration may also be completed via the Kentucky Registration Application (10A100). Please visit the Kentucky DOR Tax Registration Information page or additional resources or call the KY DOR at (502) 564-4581.
Traditional Goods or Services Goods that are subject to sales tax in Kentucky include physical property, like furniture, home appliances, and motor vehicles. Groceries, prescription medicine, and gasoline are all tax-exempt. Some services in Kentucky are subject to sales tax.
Kentucky SaaS is non-taxable because it isn't tangible personal property.
Sales of custom software - delivered on tangible media are exempt from the sales tax in Kentucky. Sales of custom software - downloaded are exempt from the sales tax in Kentucky.
10A100(P) (06-21) Employer's Withholding Tax Account. Sales and Use Tax Account/Permit. Transient Room Tax Account. Motor Vehicle Tire Fee Account.