Are Digital Products Taxable?

With the rise of digital commerce, determining whether digital products are taxable has become a pressing question for both consumers and businesses. When you buy or sell digital goods, such as e-books, music, streaming services, or software, the question of sales tax may not always have a straightforward answer.

The reason for this is that sales tax regulations vary significantly from state to state, and not all states have caught up with how to handle digital products.

Some states are clear on their stance: digital products are taxable just like physical goods. However, there are states where the taxability of digital items is not explicitly defined.

In these cases, sometimes you can find guidance through Department of Revenue documents that outline how tax authorities expect taxpayers to proceed. It's important to note that in certain states, the tax status of a digital product might hinge on whether its physical counterpart is taxable.

Tax Basics of Digital Products

In terms of the tax landscape for digital products, you’ll encounter varied rules and rates that hinge on how a state defines ‘digital goods' and whether it deems them taxable.

Understanding Digital Goods Taxability

Digital goods, such as streaming audio and video, e-books, and downloaded software, can be subject to sales tax depending on the jurisdiction.

Unlike tangible goods, these intangible products are delivered electronically, without a physical exchange. Each state in the U.S. sets its own taxability rules for these goods, with some states classifying them as taxable, while others do not.

For instance:

• Arizona: Digital products are generally taxable.
• Arkansas: Taxes apply to most digital products, but not downloaded video games and digital newspapers.
• California: Specific taxability details for digital goods weren't provided.

When you purchase digital goods, you may see a tax applied at checkout. This sales tax or use tax generally funds public services and is determined by the sourcing of the transaction, which could be the buyer's location or the seller's place of business.

Distinction Between Tangible and Intangible Goods

While tangible personal property refers to physical items that can be touched, like books, CDs, and computers, intangible goods—a category that includes digital goods—lack a physical presence.

However, when it comes to taxation, some states mirror the tax treatment of a digital good to its tangible equivalent. Here's a brief overview:

• If a digital product's physical counterpart is taxable, the digital version likely faces similar tax treatment.
• Conversely, if the physical version isn't taxed, the digital version may also be exempt in some jurisdictions.

It's crucial to understand your state's definitions and tax laws to determine whether you'll need to collect or pay tax on digital products. The responsibility to pay or collect tax ultimately depends on the taxation laws of the jurisdiction where the transaction occurs.

State-Specific Tax Legislation

As you navigate the complexities of digital product taxation in the United States, it's crucial to understand the variations in state sales tax laws. Not every state treats digital products the same way, and recent legislation has further shaped this landscape.

Sales Tax Laws by State

States across the U.S. have unique sales tax laws that can affect the taxation of digital products. For instance:

• Connecticut: As of October 1, 2019, digital goods and prewritten software sold for personal use are taxed at the standard rate of 6.35%.
• California and Indiana: These states are among those where digital products are generally taxable.
• Oregon and Montana: They are examples of states with no sales tax, hence digital products are not subject to these taxes.

To get specifics for all states, you should check with each state's Department of Revenue (DOR).

States with Notable Digital Product Taxation

Some states have carved out their own paths regarding digital product taxation:

• New Jersey and Washington: Digital products are fully taxable in these states.
• New York: Despite being a hub for digital commerce, it does not broadly tax digital products unless they are considered to be tangible personal property, or a service is provided with the digital good.
• Arizona: Favorable rules for individual taxpayers transacting in digital assets were enacted on July 6, 2022.

Knowing the tax rules specific to the states where you transact can prevent unexpected tax liabilities.

Streamlined Sales and Use Tax Agreement

The Streamlined Sales and Use Tax Agreement (SSUTA) is an effort to simplify sales tax collection and administration by member states. Under the SSUTA:

• Software: Prewritten computer software is recognized distinctly from other digital products, impacting how states tax these items under the agreement.
• Member States: As of now, states like New Jersey, Indiana, Iowa, and Arkansas are part of the SSUTA, while others like California and New York are not.

If your state is a member of the SSUTA, you'll find more harmonized sales tax rules which can simplify the process of complying with tax obligations for digital products.

Digital Products and Sales Tax Nexus

Sales tax on digital products depends on nexus, which is a connection between a business and a state that mandates tax collection. If you sell digital products, understanding nexus and sourcing rules is crucial for compliance.

Nexus and Its Impact on Taxability

Nexus is a legal term describing the circumstances under which you're obliged to collect sales tax from your customers.

Previously, physical presence, like an office or warehouse, established nexus. Today, economic activity in a state, such as reaching a certain amount of sales, can trigger nexus. This means even purely online businesses can have a sales tax nexus in multiple states.

• Physical Nexus: Having tangible presence in a state.
• Economic Nexus: Making a certain level of sales within a state.

Revenue impacts nexus – higher sales may mean multiple state tax obligations. Keeping up with nexus determinations is a key part of online compliance. As your business grows, regularly check each state's criteria to ensure proper sales tax collection and remittance.

Understanding Sourcing Rules

Sourcing rules determine which jurisdiction's tax rate applies to a sale. For digital products, this can be particularly complex.

Some states use origin-based sourcing (where the seller is located), while others use destination-based sourcing (where the buyer is located). For example:

• Origin-based state: You charge the sales tax rate from your location.
• Destination-based state: You charge the sales tax rate from the customer's location.

Specifying digital products in tax laws varies by state. Each state defines digital goods and their taxability differently, potentially affecting sales and use tax rates.

You'll need to keep abreast of these rules to accurately charge your customers and report your taxes. Understanding sourcing is essential if you're selling to customers in multiple states.

Types of Taxable Digital Products

When you're considering whether the digital products you enjoy are subject to tax, it's essential to know that taxability can vary by product and region. Here are some common digital products that are often taxable.

Music and Digital Audio Works

Purchased are digital audio works like downloaded music or streaming services. These might include your favorite songs and albums from online stores or subscription services.

For instance, in some states, if you're jamming to tunes through a streaming service, you might be paying tax on that subscription.

Digital Books and Publications

Whether you're a fan of eBooks or prefer to keep up with the news through digital newspapers and magazines, these digital publications are frequently subject to sales tax.

If you're an avid reader purchasing your literature in digital form, there's a chance you’re paying taxes on those downloads or subscriptions.

Computer Software and SaaS

From traditional computer software that you download to the latest in cloud computing, if you're using software, it may be taxable. This extends to Software as a Service (SaaS) models, where you’re not buying the software outright but accessing it remotely on a subscription basis.

Digital Entertainment and Media

Digital audiovisual works such as movies and TV shows that you stream or download are often taxed too. If you've ever rented a movie digitally or subscribed to a video streaming service, it's likely you've seen tax applied to those services.

This category also includes video games and digital photography if you're downloading or playing games online, or purchasing digital photographs.

As more consumers shift to purchasing and using digital services, the taxability rules continue to evolve. It's essential to stay informed, as these rules can impact your purchasing and selling decisions.

If you're a business owner, understanding the tax obligations in your state can help avoid unexpected liabilities, and as a consumer, it can clarify what you should expect to pay during checkout.