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Sales Tax on Digital Products


 


Description of Project

At its July 28, 2021 meeting, the Uniformity Committee considered a recommendation from the Standing Subcommittee to begin drafting the outline of a white paper on state sales taxation of digital products. The committee agreed that MTC staff would begin the process and report out at the November, 2021 committee meeting. Those interested in the project can follow the process on this webpage and can also contact Helen Hecht, MTC Uniformity Counsel. 


This page contains information on the project including
status reports, research and analysis, state information,
and links to Streamlined Sales Tax resources.

See below.

BACKGROUND INFORMATION

Project Proposal and Recommendation


Presentation by the State of Washington Department of Revenue to the Uniformity Committee at its April 2021 meeting recommending that the committee consider a project to modernize state sales and use tax systems to include digital products. ​
  • Washington Presentation 2021 (Slides)
  • Washington Presentation on Sales Taxes on Digital Products 2021 (Video)

Recommendation by the Standing Subcommittee to the Uniformity Committee that the committee begin a project. 
  • Final Recommendation - Project on Sales Taxation of Digital Products - as Approved June 17, 2021​  
     

Project Information

  • Status Report to Uniformity Committee - April 2022
  • Status Report to Uniformity Committee - November 2021


Resources

 

Research & Analysis

Article by Natalia Garrett and Grant Nülle, "Digital Goods and Services: How States Define, Tax, and Exempt These Items,"  Tax Analysts, Tax Notes State, May 18, 2020. 

Slides of Natalia Garrett - Digital Goods: How States Define, Tax and/or Exempt
Louisiana Research - Digital Products (2021) - State Chart and State Breakdown 

National Tax Association Paper (Hecht - 2014) - Sourcing of Digital Goods and Services for Sales Tax - The Evolution of a Federal Legislative Proposal 

Report to the MTC Uniformity Committee (Hamer - 2019) - Sourcing Digital Goods and Services

Avalara - State-by-state guide to the taxability of digital products - Gail Cole, Dec. 4, 2020

Presentation to the Arizona State Legislature - Ad Hoc Joint Committee on the Tax Treatment of Digital Goods and Services - Tax Treatment of Digital Goods and Services: Overview and Cross-State Comparison - 2017

Center on Budget Policy and Priorities (Mazerov - 2012) - States Should Embrace 21st Century Economy by Extending Sales Taxes to Digital Goods and Services

New York City Independent Budget Office - Fiscal Brief (2015) - To Tax or Not To Tax the New Economy: Digital Goods and Sales Tax in New York

SSTP: Out of the Great Swamp, But Whither? A Plea to Rationalize the State Sales Tax - Charles E. McLure (2002)

"Sales Taxation of Electronic Commerce: What John Due Knew All Along," Charles E. McLure and Walter A. Hellerstein, Proceedings Annual Conf. on Taxation of the Nat'l Tax Assoc., Vol 93 (2000), pp 216-222. 

"Digital Taxation Around the World," Daniel Bunn, Elke Asen, Cristina and Enache, Tax Foundation (2020). 

"The Current State of Sales Tax on Digital Products," Joyce Beebe, Ph.D., Rice University's Baker Institute for Public Policy, Aug. 7, 2019. 

 

Selected State Tax Agency Information - Tax Imposition Related to Digital Products Generally
  • Arizona - Private Letter Ruling 21-003 - Data on an Electronic Spreadsheet is Tangible Personal Property 
  • Arkansas - Candy, Soft Drinks, and Digital Products
  • California - Graphic Design, Printing, and Publishing (with info on when digital items are taxed)
  • Colorado - Definition of "tangible personal property" inclusive of digital goods
  • Connecticut - Sales and Use Taxes on Digital Goods and Canned or Prewritten Software
  • District of Columbia - Digital Goods Sales Taxability Chart
  • Florida - Communications Services Tax
  • Idaho - Idaho Sales & Use Tax Administrative Rules
  • Indiana - Application of Sales Tax to the Sale, Lease, or Use of Computer Hardware, Computer Software, and Digital Goods
  • Iowa - Taxation of Specified Digital Products, Software, and Related Services
  • Kentucky - Imposition of Sales Tax
  • Louisiana - Definition of Tangible Personal Property 
  • Maine - Instructional Bulletin No. 56 - Telecommunications
  • Maryland - Business Tax Tip #29 Sales of Digital Products and Digital Codes
  • Minnesota - Computer Software and Digital Products
  • Missouri - Letter Ruling - Digital Copies of Medical Records Sent Electronically are not subject to Sales Tax
  • Nebraska - Revenue Ruling - Retail Sales of Digital Media
  • New Jersey - Specified Digital Products & New Jersey Sales Tax
  • North Carolina - Certain Digital Property
  • Ohio - Sales and Use Tax - Digital Products
  • Pennsylvania - Tax on Digital Products
  • Tennessee - SUT-65 - Specified Digital Products
  • Washington - Digital Entertainment and Digital Products
  • Wisconsin - General Information on Digital Goods 
 

Written Comments Submitted

Note that the project is soliciting both oral and written comments from states and stakeholders in the development of the detailed outline of a white paper on the subject. Written comments can be submitted to Helen Hecht, Uniformity Counsel, at hhecht@mtc.gov. 

  •  Comments of the ABA - Issues to Address Regarding the Taxation of Digital Products - Nov. 2, 2021
 

Streamlined Sales Tax Information

  • Streamlined Sales and Use Tax Agreement - May 20, 2021

  • Streamlined Rules and Procedures for States - October 5, 2021
  • Streamlined Taxability Matrix - Access to Streamlined State Responses to What Taxes are Imposed on Specified Digital Goods 


 

Related Federal Information

  • Digital Goods and Services Tax Fairness Act - 2019 (S 765)

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