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New York Court Rules SaaS Fees Taxable as Prewritten Software, Impacting Bundled Service Providers

  • The New York Supreme Court affirmed that SaaS fees are taxable as prewritten software, even when bundled with other services.
  • The court ruled that online delivery via SaaS does not change the taxability of prewritten software under New York sales tax law.
  • Providers must carefully review how software is presented in bundled offerings, as access to prewritten software is taxable even if mixed with non-taxable services.
  • The decision impacts SaaS providers and businesses offering bundled services to New York customers, emphasizing the need for clear contractual language regarding software licensing.

Source: 1stopvat.com

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.



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