- A Colorado District Court granted summary judgment in favor of an online streaming service provider, ruling that its service was not subject to tax as the sale of tangible personal property.
- The court found that under the 1935 law and Department of Revenue regulations, streaming services did not qualify as taxable tangible personal property as they could not be touched or possessed.
- The decision raised questions about the constitutionality of Chapter 299, which expanded the definition of tangible personal property to include digital goods, and noted that voter approval was never sought or obtained for the chapter. The court’s interpretation may limit the Department’s ability to impose sales tax on streaming services unless the expanded definition is upheld or amended.
Source PwC
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