(a) The excise tax levied by this chapter and by any act supplemental thereto, is levied on gross receipts or gross proceeds received from the following:
(1) (A) Sales of computer software, including prewritten computer software, which shall be taxed as sales of tangible personal property.
(B) As used in this section:
(i) "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions;
(ii) (a) "Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task.
(b) "Computer software" does not include software that is delivered electronically or by load and leave;
(iii) "Computer software maintenance contract" means a contract that obligates a vendor of computer software to provide a customer with future updates or upgrades to computer software or support services with respect to computer software, or both;
(iv) "Delivered electronically" means delivered to the purchaser by means other than tangible storage media;
(v) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(vi) "Load and leave" means delivery to the purchaser by use of a tangible storage media in which the tangible storage media is not physically transferred to the purchaser; and
(vii) "Prewritten computer software" means computer software, including prewritten upgrades, that is not designed and developed by the author or other creator to the specifications of a specific purchaser; and
(2) Service of repairing or maintaining computer equipment or hardware in any form.
(b) The gross receipts or gross proceeds derived from the sale of a computer software maintenance contract are not taxable.
Section: Previous 26-52-302 26-52-303 26-52-304 26-52-305 26-52-306 26-52-307 26-52-308 26-52-309 26-52-314 26-52-315 26-52-316 26-52-317 26-52-318 26-52-319 NextLast modified: November 15, 2016