Effective July 1, 2025, application software publishing services, data services, information technology services, and system software publishing services are subject to Maryland sales and use tax, at a reduced rate of 3%. This will likely affect many businesses. For instance, a Maryland-based business offering cloud storage may now need to collect the 3% tax.
If you’re not sure whether the sales tax applies to the services you buy or sell, look to the North American Industrial Classification System (NAICS). Maryland’s 3% tax applies to:
- Data or information technology
- NAICS sector 518: Includes computing infrastructure providers, data processing, web hosting, and related services
- NAICS sector 519: Includes web search portals, libraries, archives, and other information services
- Subsector 5415: Includes computer systems design and related services
- System software or application software publishing services
- Subsector 5132: Includes software publishing services
Businesses are advised to compare the services they provide to the NAICS activity descriptions defined by Maryland law as taxable services — but that’s just a starting point.
“The classification that a business reports as their primary business activity code for federal and state income tax purposes is not determinative of whether sales and use tax is imposed on sales of services by the business,” warns the Maryland Comptroller. “A business that has chosen a classification other than 518, 519, 5415, or 5132, but which sells a service described by those codes is required to collect and remit sales and use tax on the sale.”
That could prove challenging, from a tax compliance standpoint. Determining what tax rate to charge could also be difficult.
“Maryland law requires that if a different rate can be applied to a sale or use of a digital product or a taxable service, the higher rate must be applied,” explains the Comptroller. “To the extent that a sale of SaaS meets the definition of both a digital product and a taxable service when it is sold for use other than in an enterprise computer system, it is taxed at the higher rate. This means that SaaS sold for individual use is taxed at the 6% rate, and the same SaaS is taxed at the 3% rate when sold for use in an enterprise computer system.”
Maryland’s sales and use tax exemption for customized software or SaaS is also repealed as of July 1.