Virginia Licensee Oriented Software Maintenance Transaction Checklist
Description
How to fill out Licensee Oriented Software Maintenance Transaction Checklist?
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FAQ
Although the software is delivered electronically, the software is part of the overall sale of taxable tangible personal property and is properly included in the taxable sales price of the system.
Virginia does not tax any cloud, SaaS, or digital products. The state only taxes physical goods and limited, explicitly enumerated services.
Professional, Insurance or Personal Services Repair services that are separately charged are not subject to sales tax. Services that provide internet access and other related electronic communication services are not subject to sales tax.
Virginia sales tax applies to software purchases where no express proof of electronic delivery. The Virginia Tax Commissioner ruled that purchases of software and software maintenance were subject to use tax, where the taxpayer was unable to prove that the software was delivered electronically and exempt.
Maintenance contracts that provide solely for the furnishing of repair labor are contracts for services and charges for such contracts are not taxable.