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Services delivered into New Jersey are taxable when they are specifically listed under N.J.S.A. B-3. Use of a software application is not listed as a taxable service. Therefore, most charges for SaaS are not subject to Sales Tax.
Remote sellers are not required to collect and remit Sales Tax on the sale of tangible personal property, specified digital products, or taxable services delivered into New Jersey when sold through a marketplace, because the new law requires the marketplace facilitator to collect and remit Sales Tax on all marketplace
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).
The following are exempt from Sales and Use Tax: Newspapers; 2022 Magazines and periodicals sold by subscription (print or digital); 2022 Single copies of magazines sold digitally (single copies in printed form are taxable); 2022 Membership periodicals distributed by a nonprofit organization to its members.
More than half the states and dozens of cities now levy taxes or fees on digital streaming services such as Netflix and Hulu, aiming to recoup the revenue they lose when people cut the cable cord. Cable customers pay sales taxes and a variety of other taxes and fees imposed by state and local governments.
Additionally, software subscriptions services are considered tangible property and are subject to sales and use taxes. Prewritten software delivered electronically is not subject to tax.
Receipts from sales of a specified digital product that is accessed but not delivered electronically to the purchaser are exempt from tax. Nor is tax imposed on other types of property that are delivered electronically, such as digital photographs, digital magazines, etc.
Grocery, Drug, and Household Items are not subject to Sales Tax. Some items found on the list may become taxable if sold as prepared food.
Subscription products are an indirect transaction. The customer pays a subscription fee that covers the cost of goods. The thing to be mindful of is that the products are subject to sales tax. So you have to tax the goods through the monthly subscription fee.