Kansas: Sales Tax and Video Gaming Products

Downloaded prewritten software that is delivered physically or digital to consumers in Kansas is generally subject to Kansas sales tax. But when it comes to video gaming products, some sales transactions are taxable and some are exempt.

This subject was recently addressed a private letter ruling issued by the Kansas Department of Revenue. A summary of the department's responses follows:

• Remote access software/virtual goods
  • The initial sale of the access codes is not taxable whether sold in a physical retail environment and/or via the internet.
• Downloadable digital content
  • The initial sale of the access codes of prewritten software is taxable whether sold in a physical retail environment and/or via the internet.
• Subscription cards
  • The initial sale of the subscription cards whether sold in a physical retail environment and/or via the internet is not taxable.
• Point cards
  • The initial sale of the point cards whether sold in a physical retail environment and/or via the internet is not taxable.
• Notional dollar value cards
  • The initial sale of the notional dollar value cards is not taxable.

Additional details are available in Private Letter Ruling P-2015-001.

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