In Indiana, electronically transferred products are subject to sales tax “only if the products meet the definition of specified digital products, ancillary services, prewritten computer software, or telecommunication services,” as defined by the Streamlined Sales and Use Tax Agreement (SSUTA).
Indiana sales tax applies to specified digital products when a retail merchant:
- “Electronically transfers specified digital products to an end user; and
- Grants to the end user the right of permanent use of the specified digital products that is not conditioned upon continued payment by the purchaser.”
As of this writing, specified digital products include:
- Digital audio works
- Digital audiovisual works
- Digital books
According to a notice recently updated by the Indiana Department of Revenue,
“To achieve conformity with the SSUTA, Indiana may no longer impose sales tax on a product transferred electronically by basing the product's taxability on inclusion of the product in the definition of tangible personal property. It is important to note that ‘ancillary services,’ ‘computer software,’ and ‘telecommunication services’ are not restricted by the phrase ‘product transferred electronically’” [emphasis mine].
As a result, “the Department will impose sales and use tax on products transferred electronically only if the products meet the definition of specified digital products, ancillary services, prewritten computer software, or telecommunication services.”
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