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Help Center Read product documentation. Support Reach out. Avalara University Get training. Some states consider SaaS to be a non-taxable service, some consider it a taxable product, and some state taxing authority opinions fall in between. This post will go over what you need to know about SaaS taxability if you are selling SaaS products to customers in New York.
New York clearly defines prewritten software, no matter if sold in tangible format such as on a flash drive , transmitted electronically such as by download , or accessed online, as taxable. From there, we ensure that you collect the right amount of sales tax from every customer in every state where you are required to collect sales tax. If there is a reasonable, separately-stated charge for customization of the basic program, the charge for the modification will not constitute a receipt from the sale of prewritten software and will not be subject to tax when performed for and sold to the customer who initially requested the custom modification.
However, subsequent sales of the modified software to other purchasers would be subject to tax as the sale of prewritten software. The Taxpayer also provides software support, which includes defect fixes, software updates, training and helpdesk support.
Fees for software updates and patches to fix defects are subject to sales tax as the sale of prewritten software. Training and support fees are exempt from tax as long as they are separately-stated and reasonable.
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