Professional Documents
Culture Documents
3(c)
ClientAdvisory
July 2013 (8/1/13 rev.)
New Law Applies Mass Sales and Use Tax to Software-Related Services
On July 24, 2013, the Massachusetts legislature passed An Act Relative to Transportation Finance over Governor Patricks veto. This new legislation broadens the Massachusetts sales tax to include certain software-related services, described below. The new law goes into effect on July 31, 2013, at which point vendors providing such services must collect the 6.25% sales tax. Further, purchasers may have an obligation to remit use tax where the vendor fails to, or is excused from, collecting the tax. On July 25, 2013, the Massachusetts Department of Revenue issued Technical Information Release 13-10 (Directive) to provide initial guidance with respect to this change. In apparent response to questions and comments about the new law, the DOR posted an FAQ on the DOR web site at www.mass.gov/ dor/docs/dor/law-changes/faqss-computersoftware-2013.pdf on July 31, 2013. requirements of a particular purchaser and to operate on the purchasers computer systems, regardless of how those services are described or billed to the purchaser. They may also be characterized as customization services. The sales and use tax will not apply to personal or professional services that do not themselves constitute Computer System Design Services or Software Modification Services, and are not directly related to a particular systems integration project involving the sale of computer hardware or software. For example, the new law does not apply to (i) consulting and evaluation services with respect to existing computer systems to identify deficiencies and needs; or (ii) services to prepare a business to use modified software, such as training services.
for delivery as provided by the purchaser, sales tax is due based on that location, when use of this address does not constitute bad faith. For example, if the vendor delivers the customized software (e.g., by disk or load and leave) to the purchasers Rhode Island location, the sale is sourced there (so long as number 1 above does not apply). As a result, the vendor does not have to collect Massachusetts sales tax. 3. If the purchaser does not specify a location for the services to be delivered, the vendor must collect tax based on the purchasers address that is known to the vendor either as provided by the purchaser or based on information known to the vendor (e.g., as collected to complete the sale), such as address information from a credit card, when use of this address does not constitute bad faith. If both numbers 1 and 2 above do not apply and the customized software is downloaded to the purchasers server (which may be in or outside of Massachusetts), the sale is sourced to the purchasers address in the vendors books and records. 4. Finally, if neither the delivery location nor the purchasers address can be determined, then the vendor must collect tax based on the address of the vendor from which the sale was made. Specifically, if neither the delivery location nor the purchasers address can be ascertained, a vendor who makes the sale from its Massachusetts address must collect the sales tax.
Gesmer.com
617.350.6800