Kentucky Warranty Agreement as to Web Site Software

State:
Multi-State
Control #:
US-13146BG
Format:
Word; 
Rich Text
Instant download

Description

Software, in its most general sense, is a set of instructions or programs instructing a computer to do specific tasks.
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FAQ

The full list of taxable services includes: Landscaping services, including but not limited to: lawn care and maintenance services; tree trimming, pruning, or removal services; landscape design and installation services; landscape care and maintenance services; and snow plowing or removal services.

A Kentucky Resale Certificate is a document that allows a business to purchase goods and services tax-free from suppliers for the purpose of reselling those goods and services. In order to use one, the retailer will need to provide a Kentucky Resale Certificate to their vendor.

You can apply for a resale certificate through your state's tax department. Be sure to apply to the state tax department in the state you physically have an addressnot the state in which you are incorporated, if it's different.

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.

You can register for your Kentucky sales tax license online at the Kentucky Business One Stop Portal. Or file by paper using the Kentucky 10A100 form. You can also register for a sales tax permit when you register your business.

Kentucky SaaS is non-taxable because it isn't tangible personal property.

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.

Verify that the purchaser has a Kentucky (or other state) resale certificate and Tax ID Verify the validity of your buyer's sales tax ID on the Kentucky Department of Revenue website or with the issuing state's department of revenue. You can find links to verify resale certificates in every state here.

Certain goods are exempt from sales and use tax including coal and other energy-producing fuels, certain medical items, locomotives or rolling stock, certain farm machinery and livestock, certain seeds and farm chemicals, machinery for new and expanded industry, tombstones, textbooks, property certified as an alcohol

In other words, Software-as-a-Service as a cloud-computing program that is only accessed remotely without delivery of a tangible media and does not include the user taking possession of the program is not subject to sales or use tax.

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Kentucky Warranty Agreement as to Web Site Software