Alabama does tax certain digital goods, including downloaded software and digital media. This article will cover the aspects of taxability that SaaS businesses need to consider in order to stay compliant in Alabama — including the state’s tax policies and how they apply to SaaS.
Taxation rules in Alabama
According to the Alabama Supreme Court, downloaded, prewritten software is defined as tangible personal property, which means that it is subject to tax in the state. This was clarified in the case Ex parte Russell County Community Hospital, LLC, which was decided on May 17, 2019.
Most SaaS products are accessed over the internet, via a subscription, and do not involve a downloadable component. This means that according to Alabama state law, they are not taxable. This holds true whether the transactions are business-to-business (B2B) or business-to-consumer (B2C).
Are digital goods taxable in Alabama?
As per guidance released by the Alabama Department of Revenue, the state taxes certain digital goods, including:
- Downloaded software: This category can include prewritten programs, whether they are delivered electronically or physically.
- Digital media: This category can include music and video downloads, as well as written forms of media like e-books.
SaaS providers who bundle digital goods with their services may have a tax obligation in Alabama. For example, if a SaaS provider offers a subscription service that includes downloadable software or access to digital media, that transaction or a portion of it may be subject to tax. Because Alabama has not provided explicit guidance on bundled transactions, providers may need to contact the Alabama Department of Revenue directly for clarification.
Staying compliant nationwide
SaaS is taxable in many parts of the U.S. — tax regulations and rates vary from state to state and even from jurisdiction to jurisdiction. As your company gains customers in new areas, it’s important to stay informed about these varying rules. Jurisdictions that tax SaaS and/or digital goods include:
- Tennessee: Tennessee treats SaaS as a taxable computer service. According to Tennessee tax laws, the sale, lease, licensing, and use of prewritten computer software (regardless of its delivery method) is subject to sales tax.
- Georgia: SaaS is generally exempt from sales tax in Georgia because it is classified as a nontaxable service rather than tangible personal property. However, Georgia does impose sales tax on certain digital goods, such as prewritten software delivered electronically, music downloads, and e-books.
- Mississippi: According to the Mississippi Department of Revenue, all software (including SaaS) is classified as tangible personal property and is therefore taxable. This includes both sales tax and use tax, and applies regardless of whether the software is accessed locally or remotely.
Understanding the tax laws in multiple jurisdictions is one of several factors that play into compliance for SaaS providers. Another important factor is nexus, or a connection to a state that creates a sales tax obligation.
How nexus works in Alabama
The term “nexus” refers to a physical or economic presence that creates a tax obligation in a state. In Alabama, physical nexus is established when a company has a tangible presence (such as warehouses, offices, inventory, employees, or contractors) in the state.
Economic nexus is established once the business passes one of a number of thresholds. The Alabama Department of Revenue considers a business to have economic nexus in the state if the business exceeds $250,000 in sales in the previous calendar year.
Establishing nexus does not usually mean that a SaaS company will need to collect and remit taxes. Still, it is something that all SaaS providers should keep in mind.
How to stay compliant as a SaaS company
According to a recent analysis, Alabama is one of the most likely states to audit out-of-state businesses. Staying compliant in the places where you sell your products is essential for any business.
Compliance procedures can vary from jurisdiction to jurisdiction; however, the process typically involves the following steps:
- Register with the state: If you determine that your business has a tax obligation within a state (typically because it has established nexus), you’ll need to register. This is often done through a state’s Department of Revenue or Department of Taxation. In Alabama, this would be the Alabama Department of Revenue.
- Calculate applicable tax: If you are operating in a state that taxes SaaS, you’ll need to research the correct rates. These can change from year to year and may involve combining both local and state taxes. Sales and tax rates are provided by the Alabama Department of Revenue on their Sales and Use Tax Rate page.
- Collect the right amount: Once you’ve made sure you have the correct state and local tax rates, you’ll need to apply them to your products or services. For SaaS, this typically occurs during transactions for subscriptions or renewals.
- File sales tax returns: Companies will typically need to file sales tax returns with the state at a frequency determined by the appropriate agency (typically the Department of Revenue.) The frequency is usually monthly, quarterly, or annually, and may be based on the provider’s tax liability.
- Remit taxes to the state: Taxes are remitted (or paid) to the state along with sales tax returns. These may be sent through a variety of means, depending on what the state allows, including through that state’s official tax portal.
Although these steps provide an overview of the compliance process, they are not the only responsibilities SaaS companies will need to pay attention to. Noncompliance with tax regulations can lead to significant penalties, interest, an increased risk of audits, and potentially losing the ability to operate in a state. To avoid these repercussions, enlisting the help of a service like Numeral or taking advantage of official state resources can be beneficial.
[blog-post-inline-cta]
Tax compliance resources
There are a variety of resources that can help companies understand tax compliance standards in Alabama. These include:
- The Alabama Department of Revenue’s Official Website
- Business Essentials for State Taxpayers or B.E.S.T. Resources
The Department of Revenue can also be contacted directly via phone. For general information, taxpayers can call 334-242-1490; for paperless filing information, they can call 1-866-576-6531; and for business account registration, they can call 334-242-1584.
The bottom line
According to guidance released by the Alabama Department of Revenue, some digital goods are subject to sales and use tax within the state; however, most SaaS products are not, because they do not involve downloading software onto a user’s computer.
Whether a company has to collect and remit taxes to Alabama (regardless of its products or services) may depend on whether it has established nexus. Even if a business has not established nexus in Alabama, SaaS providers operating in multiple states may create tax obligations in those states.
In most cases, providers will need to register with each state they operate in, calculate the correct state-level and local taxes, collect the right rate, and remit the appropriate amount when they file their sales tax returns. This, and many other compliance processes, can be simplified by using a tax compliance service like Numeral and the resources provided by each state’s Department of Revenue.
