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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.
The retail sale of information services received by customers in New Jersey is subject to New Jersey Sales and Use Tax.
New Jersey imposes a tax on the retail sale of specified digital products and on receipts for installing, maintaining, servicing, or repairing specified digital products. Specified digital product means an electronically transferred digital audio-visual work, digital audio work, or digital book.
Sales of custom software - downloaded are exempt from the sales tax in New Jersey. In the state of New Jersey, it is considered to be exempt so long as it was separately stated, reasonable charge for the professionally done service of modifying canned software for a specific customer.
The use in New Jersey of prewritten computer software purchased at retail without payment of sales or use tax is subject to Use Tax. N.J.S.A. B-6.
What purchases are exempt from the New Jersey sales tax?Clothing. EXEMPT.Groceries. EXEMPT.Prepared Food. 6.625%Prescription Drugs. EXEMPT.OTC Drugs. 6.625%
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.)
New Jersey's current sales tax statute exempts electronically delivered software used exclusively in the conduct of the purchaser's business. The exemption applies even if purchaser receives written manuals or training manuals.
Tangible personal property can include prewritten computer software delivered electronically. In addition, most services performed on tangible personal property and specified digital products are taxable unless they are specifically exempted by law.
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.