It’s always good to talk with a tax accountant or enrolled agent in the US.
We have several types of taxes in the US: Sales tax by state, income tax on company profits, duties & tariffs, and excise tax. For our purposes here we are only concerned with Sales tax and income tax. the other don’t apply.
First the US does not have a national sales tax or VAT and no states have a VAT tax. God bless America for that!
In general, the States do not have any sales tax on services, or VAT of any kind. Software purchased and electronically delivered is considered a service. Software purchased and delivered on media or in a box is considered a product and not a service, and subject to local & state sales tax. In fact ANY physical delivery related to a software purchase changes the category from a sales tax free service to a product requiring collection of sales tax.
In my day job, I bought a $1M USD software license via purchase order and received the software by download. Someone else on my team requested printed copies of the documentation be included and physically shipped. This resulted in our having to pay 9% on $1M dollar purchase. I had the order cancelled before it was shipped, and restated the order as Electronic download only for both software and docs.
One more thing about US tax, You (the company/provider) are responsible for paying income tax profits (income - expenses = taxable amount) if you live in the US as a sole proprietor or your company is located here (either in whole or in part) you are responsible for the US generated profits and overseas profits that are repatriated back to the US. The company selling goods is responsible to collect sales taxes, and the tradition or custom here in the US is to “uplift” the purchase price by the correct sales tax amount. The company must then give those sales tax proceeds to the tax entity in the state where you have operations and also ship to same. States cannot force collection of Sales taxes for products shipped in from another state. States like California have tried hard, but the Supreme Court has stated this is a violation of the US constitution.
Remember, to just have electronic delivery for any and all software & documentation, and you don’t have to worry about US sales taxes.
-David
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