South Carolina Software License Agreement on a per Database Instance

State:
Multi-State
Control #:
US-IP1022
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This form is a Software License Agreement on a per Database Instance that grants a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, internal-use-only license to use the subject software and the associated delivered documentation in connection with a set number of "Database Instances," or the number of running copies of a single program on a database.

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  • Preview Software License Agreement on a per Database Instance
  • Preview Software License Agreement on a per Database Instance
  • Preview Software License Agreement on a per Database Instance
  • Preview Software License Agreement on a per Database Instance
  • Preview Software License Agreement on a per Database Instance
  • Preview Software License Agreement on a per Database Instance
  • Preview Software License Agreement on a per Database Instance
  • Preview Software License Agreement on a per Database Instance

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FAQ

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.

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.

In a recent private letter ruling, the South Carolina Department of Revenue held that software subscription services are tangible personal property subject to sales and use taxes.

In the state of South Carolina, any modifications that are made to canned software that are prepared exclusively for a specific customer are considered to be taxable custom programs, not exempt. Sales of digital products are exempt from the sales tax in South Carolina.

In most states, where services aren't taxable, SaaS also isn't taxable. Other states, like Washington, consider SaaS to be an example of tangible software and thus taxable. Just like with anything tax related, each state has made their own rules and laws.

Only two states Tennessee and Vermont have specific statutes in place to address SaaS transactions and sales tax. Several states have ping-ponged on their decisions, the most recent being Michigan, who ultimately decided to exempt it.

Yes. The sale of software delivered by a tangible means, the diskette, constitutes the sale of tangible personal property subject to the tax.

Yes. The sale of software delivered by a tangible means, the diskette, constitutes the sale of tangible personal property subject to the tax.

South Carolina Digital products are not taxable in South Carolina. Digital products are not specifically included in the definition of tangible personal property.

In the state of South Carolina, any modifications that are made to canned software that are prepared exclusively for a specific customer are considered to be taxable custom programs, not exempt. Sales of digital products are exempt from the sales tax in South Carolina.

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South Carolina Software License Agreement on a per Database Instance