Louisiana Software Maintenance Agreement
Description
How to fill out Software Maintenance Agreement?
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FAQ
Tax must be collected on any computer software. Both the repair and routine servicing of all kinds of Tangible Personal Property are considered taxable repair services.
Digital Goods or Services A digital good or service is anything electronically delivered, such as an album downloaded from iTunes or a film purchased from Amazon. Louisiana requires businesses to collect sales tax on the sale of digital goods.
Software located on a server, instate or out-of-state, and made available to users (as discussed above) is taxable by this State.
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.
See Comptroller Rule 3.292, Repair, Remodeling, Maintenance, and Restoration of Tangible Personal Property. cleaning, massage services performed by massage parlors, Turkish baths and escort services are taxable personal services.
Additionally, software subscriptions services are considered tangible property and are subject to sales and use taxes.
The sale of electronic data products such as software, data, digital books (eBooks), mobile applications and digital images is generally not taxable (though if you provide some sort of physical copy or physical storage medium then the sale is taxable.) (Source: California BOE Publication 109 Non Taxable Sales).
Sales of canned software - downloaded are subject to sales tax in Louisiana. Sales of custom software - delivered on tangible media are exempt from the sales tax in Louisiana. Sales of custom software - downloaded are exempt from the sales tax in Louisiana.
Sales of are subject to sales tax in Louisiana. Sales of parts purchased for use in performing service under optional maintenance contracts are exempt from the sales tax in Louisiana.
The sale or use of a downloaded digital product such as music, a movie, book or game is a taxable transaction. These transactions fall within the definition of tangible personal property found in LAC 61:I.
