No. Because it is classified as a service rather than as tangible personal property, software as a service (SaaS) is not currently taxable in Wyoming. This classification is due in part to the fact that end users do not gain permanent access to the software.

| SaaS | |
|---|---|
| Digital Goods | |
| Confused? | Talk to us -> |
| Sales | $100,000 |
|---|---|
| Transactions | N/A |
| Physical? |
| Wyoming | 4.00% |
|---|---|
| Average Total Rate | 5.44% |
| Local Rates Apply |
Both business-to-business (B2B) and business-to-consumer (B2C) SaaS transactions are considered nontaxable in Wyoming. However, Wyoming does impose a use and sales tax on certain digital goods, such as downloadable software. This article will explain Wyoming’s sales tax rules, including how they apply to both SaaS and digital goods.
SaaS is not typically taxed in Wyoming because the state does not classify SaaS as tangible personal property. The Wyoming Department of Revenue defines tangible personal property as property that can be “weighed, measured, felt, or touched,” citing examples including water, gas, steam electricity, and prewritten computer software. SaaS, which is typically accessed through a subscription, with no transfer of tangible goods, does not meet this definition.
While there may be no current plans to start taxing sales of SaaS in Wyoming, tax laws are subject to change. For products that are taxable, Wyoming applies a statewide rate of 4%. In addition, some jurisdictions in Wyoming apply their own sales tax; the average combined state and local tax rate is 5.44%. Providers must stay up-to-date on any potential changes in these rates and the taxable status of SaaS in order to stay compliant.
Certain digital goods are subject to tax in Wyoming, including software, movies, music, and e-books. However, according to Wyoming’s Sales Tax Imposition Statutes, a digital product is subject to tax only if the purchaser has permanent use of the product. If a product is bought for the purpose of transmission, licensing, relicensing, distribution, or exhibition, the purchaser can be considered a wholesaler, and the sale is therefore not taxed.
Many states require SaaS companies to collect and remit sales tax. Providers that operate in multiple states or sell digital goods in addition to their SaaS products will need to understand and meet their tax obligations. States where SaaS is subject to tax include:
Tracking the various requirements of each state and jurisdiction can create significant challenges for SaaS companies. In addition to understanding these local requirements, providers will need to determine whether they have nexus (a connection that creates a tax obligation) in the states where they do business.
Nexus is a connection to a state. Many states have nexus thresholds that, if met, create an obligation to collect and remit sales tax. In Wyoming, there are two primary types of nexus: physical and economic.
Businesses that have economic nexus in Wyoming that aren’t directly exempt from taxation will need to collect sales tax on sales in WY and remit it to the state.
Even though SaaS may be exempt from taxation in Wyoming, businesses selling other taxable digital goods or operating in multiple states will need to take steps to ensure compliance. These steps can include:
Failure to follow these steps or stay current with the tax laws in each area you operate may result in noncompliance. This can lead to significant fines, interest, audits, and the loss of state business permits. In order to avoid these negative consequences, it can be helpful to use a tax compliance platform such as Numeral, alongside resources provided by each state.
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Several resources and organizations can help businesses maintain compliance in Wyoming, including:
The correct way to contact the Wyoming Department of Revenue can vary depending on which region you operate in. For example, if you operate in Region 1 (Laramie County), you can call 307-777-5541. The Department of Revenue can also be emailed at dor@wyo.gov.
Because SaaS is considered a service, it is typically exempt from sales tax in Wyoming. However, certain digital goods, such as downloadable software and digital media, are subject to tax as tangible personal property.
Companies providing SaaS or other digital products need to consider numerous factors to stay compliant, including whether they meet nexus thresholds in the states where they do business.
Compliance can also require registering with each state you operate in, tracking where your customers are located, calculating and collecting the correct tax rate, and filing regular sales tax returns. These processes can be simplified by using compliance platforms like Numeral, as well as resources provided by the appropriate state tax authorities.
The trusted solution for U.S. sales tax, VAT, and GST compliance, used by 3,500+ global businesses.