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New York Software Equipment Request
Category:
State:
Multi-State
Control #:
US-147-AZ
Format:
Word;
PDF;
Rich Text
Instant download
Description
How to fill out Software Equipment Request?
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FAQ
While software is not physical or tangible in the traditional sense, accounting rules allow businesses to capitalize software as if it were a tangible asset. Software that is purchased by a firm that meets certain criteria can be treated as if it were property, plant, & equipment (PP&E).
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.)
Ideally, all software purchases should be taxable to final users and exempt for business users. Instead, states tax some kinds of software and exempt others, based on whether it is customized or off-the-shelf and whether it is on CD or downloaded, all silly distinctions for tax purposes.
Software" is defined as "personal property," but not as either tangible or in- tangible personal property. 46 In the same statutory section, the Florida Sta- tutes define tangible and intangible personal property, whose definitions fail to include "computer software.
Media goods in digital form, such as downloaded music, videos, and e-books, are not currently subject to either the New York City or New York State general sales tax. These goods have become increasingly popular with consumers while sales of physical CDs, DVDs, and books have fallen off.
The sale and use of certain computer system hardware is exempt from sales tax. Computer system hardware that qualifies for the exemption may be purchased, rented, or leased using Form ST-121.3, Exemption Certificate For Computer System Hardware.
While most states with a sales tax have extended their sales tax base to include digital goods, digital goods are still tax-exempt in New York State, despite the growing share of digitally delivered goods in the media markets.
Tangible personal property is mainly a tax term which is used to describe personal property that can be felt or touched, and can be physically relocated. For example: cars, furniture, jewelry, household goods and appliances, business equipment.
The majority of states which have addressed the issue and have concluded that software (at least unbundled software) is not tangible personal property for ad valorem tax purposes and therefore is generally not taxable.
Software maintenance agreements Separately stated and reasonable charges for maintaining, servicing, or repairing software are exempt from sales tax.
