Virginia Shipping and Order Form for Software Purchase
Description
How to fill out Shipping And Order Form For Software Purchase?
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FAQ
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.
In Virginia, certain items may be exempt from the sales tax to all consumers, not just tax-exempt purchasers. Several exceptions to the state sales tax are certain types of protective clothing, certain assistive medical devices, any learning institute's textbooks, and any software and data center equipment.
Sales of digital products are exempt from the sales tax in Virginia.
Canned software is considered taxable tangible personal property because it is actually stored on a computer and takes up space on the hard drive. Software licenses are considered licenses to use canned software and constitute tangible personal property, regardless of the method of delivery.
Electronically Delivered Software The Virginia Department of Revenue has maintained a long-standing policy, which is referenced in Virginia Public Document Ruling No. 05-44 , that sales of software delivered electronically do not constitute the sale of tangible personal property and are not subject to sales tax.
Most online retailers collect Virginia sales tax, but if you order from a company that doesn't, you need to pay use tax.
Because downloadable prewritten software is not identified as tax-exempt, it is treated as generally taxable regardless of how it is transferred or delivered to the purchaser.
The Taxpayer is correct that the sale of software delivered electronically to customers does not constitute the sale of tangible personal property and is generally not subject to Virginia sales and use taxation.
In the state of Virginia, any canned software which has been modified to any degree at all is not considered to be exempt custom software. Sales of digital products are exempt from the sales tax in Virginia.
The Taxpayer is correct that the sale of software delivered electronically to customers does not constitute the sale of tangible personal property and is generally not subject to Virginia sales and use taxation.