Minnesota Software Product Sales Agreement
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FAQ
So even if your home state (say California) does not collect sales tax on SaaS software, the state where your subscriber lives just might (like New York).
Common examples include: Clothing for general use, see Clothing. Food (grocery items), see Food and Food Ingredients. Prescription and over-the-counter drugs for humans, see Drugs.
Subscriptions to use online-hosted software are not taxable. Charges for maintenance or upgrades to online hosting software are not taxable, even if separately stated. Digital products are products provided to a customer electronically. Usually, a customer is given access to the product through the Internet or email.
Common examples include: Clothing for general use, see Clothing. Food (grocery items), see Food and Food Ingredients. Prescription and over-the-counter drugs for humans, see Drugs.
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.
Sales of canned software - downloaded are subject to sales tax in Minnesota. Sales of custom software - delivered on tangible media are exempt from the sales tax in Minnesota. Sales of custom software - downloaded are exempt from the sales tax in Minnesota.
Digital goods, which are nontangible versions of tangible goods, such as e-books, streaming music, and online video games, are not taxable unless specifically included. Intangible personal property, such as stocks and bonds, are not subject to the sales tax.
Minnesota is a destination-based state. This means you're responsible for applying the sales tax rate determined by the ship-to address on all taxable sales.
Subscriptions to use online-hosted software are not taxable. Charges for maintenance or upgrades to online hosting software are not taxable, even if separately stated. Digital products are products provided to a customer electronically. Usually, a customer is given access to the product through the Internet or email.
