Yes. Most digital goods and services are subject to a sales tax in Rhode Island. However, a seller is required to collect taxes on SaaS (software as a service) products only if they have nexus in the state.
There are two types of nexus: physical and economic.
- Physical nexus is a presence in the state — for example, an office or a warehouse, or contracting with a third-party in the state to sell your product.
- A company establishes economic nexus if it meets criteria such as revenue amount or number of sales.
In Rhode Island, gross revenue of $100,000, or more or 200 or more separate transactions in a calendar year, establishes nexus.
In Rhode Island, the sales tax rate that applies to SaaS subscriptions is 7%. When running a business, you need to understand SaaS taxability for compliance purposes. This guide details what you need to know.
What does taxability mean for SaaS?
SaaS is software that is available on a pay-as-you-go basis, which means that customers buy subscriptions but do not download software to their own devices.
Businesses that offer SaaS must manage the software and hardware associated with the product. They also ensure the availability and security of the service. Since SaaS has a more digital and service-based nature, tax classification can be complicated. In addition, sales tax regulations vary from state to state. So if your company offers SaaS, determining whether you are required to collect and remit state sales taxes can be challenging.
SaaS taxability differs across states for several reasons. Some states tax SaaS based on different interpretations of digital services, tangible products, and software licensing. Most states that consider software to be taxable also view SaaS as taxable.
SaaS taxation rules in Rhode Island
The general statewide policy for SaaS taxability in Rhode Island is that remotely accessible software must be taxed, especially for B2B transactions. The Rhode Island Division of Taxation updated its tax laws in 2018 to cover SaaS.
Rhode Island maintains a 7% sales tax on SaaS and many other goods and services. This rate is applied to a company's gross receipts from the subscriptions they've sold to customers in a specific state. Businesses that have nexus in Rhode Island but don't adhere to these guidelines will likely face penalties and interest charges.
There are exceptions. Under Rhode Island law, some nonprofit organizations, merchants buying goods for resale, and government agencies aren't taxed for SaaS purchases. Sellers are required to validate every exempt transaction.
What about digital goods?
Most digital goods need to be taxed. For example, digital music, books, movies, and video games are taxed.
Example: How local tax rates may apply
Let’s say that a SaaS company sells a subscription to its DevOps tool to a customer located in Rhode Island. That company must collect a tax of 7% on the transaction. So if the monthly subscription costs $100, the company would collect $107.
Every county in Rhode Island has the same tax rate, which is not typical. In most states, some city and county governments apply their own additional sales tax.
Navigating compliance for SaaS companies
When you manage a SaaS business, you must correctly calculate, collect, and remit taxes in Rhode Island to avoid penalties. Your company can maintain compliance by following the steps below:
- Register to obtain a sales tax permit: Every business that has nexus in Rhode Island needs to register for their sales tax permit.
- Collect sales tax when necessary: Once you receive your sales tax permit, make sure you collect the right amount of tax on transactions that qualify. Taxes must be collected on most digital goods and SaaS products.
- File tax returns: Businesses in Rhode Island are tasked with filing regular sales tax returns. Depending on your sales volume, you'll need to file these returns monthly, quarterly, or annually. Make sure you report the taxable sales and total sales. The total amount of sales tax you've collected must also be listed.
- Remit your collected sales tax: Once you've filed your tax return, you need to remit the sales tax to your jurisdiction. If you fail to make these payments on time, you'll face penalties and interest charges.
To ensure you maintain compliance with the complex tax rules in Rhode Island, consider using a tool such as Numeral. This tool is designed to automate the sales tax compliance process and help SaaS companies meet state-specific guidelines.
When you connect your business to this tool, it will manage the entire sales tax compliance process for you. Numeral provides 24/7 monitoring and informs you when you've reached economic nexus. This software can also automate monthly, quarterly, or annual remittances.
Additional resources for staying compliant
States are able to change and update their laws about sales tax. To find the latest tax rates and rulings that might apply to your SaaS company, it's a good idea to monitor government websites. Rhode Island maintains a Sales and Use Tax page that will list any updates that occur.
This page also includes links to the specific laws that govern the collection of these taxes. When the laws change, the links will be updated. If you have questions about these taxes, contact the Rhode Island Division of Taxation at (401) 574-8955 or Tax.Excise@tax.ri.gov.
If you need further assistance, the Rhode Island Bar Association regularly holds webinars and in-person programs during the year that discuss the latest changes to state law. For example, an "Updates and Reminders" webinar on the Rhode Island tax system was held in March.
The bottom line
Rhode Island is one of many states in the U.S. that tax SaaS sales. If you meet the nexus threshold, your company will be tasked with collecting taxes on the software you sell. If you don't comply with these requirements, you'll pay late fees and interest charges.
To ensure compliance, it's highly recommended that you regularly consult the state resources listed above. For companies seeking efficiency in these matters, consider tax management software like Numeral.
