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.
| SaaS | |
|---|---|
| Digital Goods | |
| Confused? | Talk to us -> |
| Sales | $100,000 |
|---|---|
| Transactions | 200 |
| Physical? |
| Rhode Island | 7.00% |
|---|---|
| Average Total Rate | 7.00% |
| Local Rates Apply |
There are two types of nexus: physical and economic.
Businesses establish nexus in Rhode Island when they have gross revenue of $100,000 or more or 200 or more separate transactions in a calendar year.
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.
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.
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.
Most digital goods need to be taxed. For example, digital music, books, movies, and video games are taxed.
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.
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:
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.
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.
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.
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