Are Subscriptions Taxable in Massachusetts?

Are subscriptions taxable in Massachusetts?
The Massachusetts Supreme Judicial Court found that a taxpayer’s subscription fees for online software products are subject to sales tax as sales of tangible personal property.

The taxation of subscriptions in Massachusetts is a complicated topic that has seen a lot of modifications recently. Historically, Massachusetts did not charge sales tax on subscription-based services. But in 2019, the state passed new legislation that taxed specific subscriptions.

When Did Massachusetts Start Taxing SaaS?

The Massachusetts Department of Revenue addressed the state’s stance on the taxation of software-as-a-service (SaaS) products in a new directive that was released in 2019. According to the regulation, SaaS items must adhere to certain requirements in order to be liable to sales tax. SaaS products are specifically taxable if they give users access to pre-written software that is remotely hosted and accessed via the internet.

Which States Assess Sales Tax on SaaS, accordingly?

Massachusetts’ choice to tax SaaS products is not unique. Sales taxes are being levied on SaaS goods by an increasing number of states, including Connecticut, Hawaii, New Mexico, South Dakota, Tennessee, and Washington. It’s crucial to review the exact guidelines in each state because the SaaS taxes laws vary from one to the other.

Therefore, Are Digital Products Taxable in Massachusetts?

Massachusetts levies sales tax on digital goods as well. Any product that is supplied electronically, such as e-books, music downloads, and streaming services, is subject to the state’s sales tax rules. There are a few exceptions to this rule, though. For instance, digital products provided as part of a newspaper or magazine subscription are exempt from taxation in Massachusetts.

Are Prescription Drugs Taxed in Massachusetts Additionally? In Massachusetts, prescription medications are typically excluded from sales tax. Both over-the-counter and doctor-prescribed prescription pharmaceuticals fall under this category. There are a few instances where this rule does not apply. For instance, a drug may be liable to sales tax if it is marketed for a non-medical use, such as an ingredient in a cosmetic product.

In conclusion, it should be noted that Massachusetts’ taxation of subscriptions is a complicated subject that is always changing. In Massachusetts, subscription-based services have generally been exempt from sales tax; however, recent legislative changes have made some subscriptions, including SaaS products, taxable. To maintain compliance with state tax law, it’s critical for both businesses and consumers to stay current on the most recent rules and regulations.

FAQ
Is equipment rental taxable in MA?

Yes, Massachusetts taxes equipment rentals in general. The majority of rentals of tangible personal goods, including rentals of equipment, are subject to a 6.25% state sales tax. To get more detailed advice, it’s better to speak with a tax expert as there are a few caveats and exclusions to this rule.