Maryland

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Understanding SaaS Taxability in Maryland

Is SaaS Taxable in Maryland?

Yes, generally, Saas is subject to Maryland’s 6% sales tax rate. However, there is one large exemption. The bill now excludes certain computer software and software-as-a-service (SaaS) from taxation as digital products. The new law, effective July 1, 2022, accomplishes this by amending the definition of “digital product”  to exclude certain types of enterprise-level computer software or SaaS from taxation. In addition, the law excludes certain digital products from taxation where the purchaser holds a copyright or intellectual interest and is used in commercial purposes.

Distinction for B2B vs. B2C

The taxability of SaaS in Maryland depends on the intended use:

  • Business Use: SaaS purchased or licensed solely for commercial purposes in an enterprise computer system is exempt from sales and use tax.
  • Personal Use: SaaS purchased for personal or non-commercial use remains subject to Maryland sales and use tax.

Determining SaaS Taxability

To determine if your SaaS product is taxable in Maryland:

  • Assess the Purpose: Determine whether the SaaS is purchased for commercial or personal use.
  • Evaluate the Delivery Method: Confirm that the software is delivered electronically and accessed remotely, aligning with the definition of a digital product.
  • Consider the Nature of the Software: Ensure that the software is not customized, as custom software is generally exempt from sales and use tax in Maryland.

Nexus Thresholds for Maryland

Maryland enforces economic nexus, requiring out-of-state sellers to collect sales tax if they meet specific thresholds, such as $100,000 in gross sales or 200 separate retail sales within the state.

Sales Tax Compliance Checklist

To ensure compliance with Maryland tax regulations:

  • Register for a Sales Tax Permit: Businesses with nexus in Maryland must register with the Maryland Comptroller’s Office to obtain a sales tax permit.
  • Collect and Remit Sales Tax: Once registered, collect the appropriate sales tax on taxable transactions and remit the collected taxes to the state.
  • File Regular Tax Returns: Depending on your sales volume, you may be required to file monthly, quarterly, or annual sales tax returns. Timely filing is crucial to avoid penalties.

Examples of Taxable vs. Non-Taxable SaaS in Maryland

  • Taxable:
    • Personal Use: An individual subscribes to a cloud-based accounting software for personal budgeting. This transaction is subject to Maryland sales tax.
  • Non-Taxable:
    • Business Use: A company subscribes to a cloud-based accounting software for its operations. This transaction is exempt from Maryland sales tax.

Local Tax Considerations in Maryland

Maryland does not have local sales taxes; therefore, SaaS taxability is consistent statewide.

Penalties for Non-Compliance in Maryland

Non-compliance with Maryland tax laws can result in:

  • Financial Penalties: Fines and interest on unpaid or late taxes.
  • Legal Consequences: Potential audits and legal actions by the Maryland Comptroller’s Office.
  • Reputational Damage: Negative impact on your business’s credibility and customer trust.

Additional Resources

For more information, refer to:

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