
As a Texas company, do I need to collect sales tax on Software License fees I charge to clients in Texas?
I f my company is in Texas and we sell online inventory Management Software to businesses via an online monthly subscription/license fee, would should my company collect sales tax from our clients in Texas, or in any other state? We do not ship a product as it is 100% online, our clients simply have access to our online software service which we customize for each client’s business.
Thank you
My software is somewhat custom for every client which I think means that it would not be applicable to sales tax. It is very difficult to get a clear definition on what is taxable and what is not whhen it comes to custom Software Licensing
The goverment always wants it money. I think this holds true for all Internet Software sales in the state of Texas. I know you are hoping your license fee is not an actual software sale, but anytime someone pays you money for a service, the tax man will want his cut.
Texas Administrative Code
Title 34, Part 1. Chapter 3, Subchapter 0 State Sales Tax:
(3) Internet access service – a service that enables users to access content, information, electronic mail, or other services offered over the Internet and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. Internet access service does not include any other taxable service, unless the taxable service is provided in conjunction with and is merely incidental to the provision of Internet access service. Individuals providing Internet access should refer to §3.366 of this title (relating to Internet Access Services).
check out this link, but also contact a CPA in your area.
http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=330
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