1 January 2027 $2 billion digital sales tax reform on software-as-a-services
California has approved one of the most significant US indirect tax changes in recent years by extending sales and use tax to prewritten software and Software-as-a-Service (SaaS). Signed into law by Governor Gavin Newsom under Senate Bill 122, the new rules take effect on 1 January 2027, marking a major expansion of the state’s sales tax base and subjecting it to the state-level sales tax of 7.5%.
It is joining Texas, New York, Washington and Pennsylvania which already levy sales tax on many SaaS transactions.
Removing the sales tax exemption
Until now, California generally exempted digitally delivered software and SaaS from sales tax. The reform modernises the tax rules to reflect the growing digital economy and is expected to raise almost $2 billion annually for state and local governments.
Under the new rules, prewritten software will be taxable regardless of whether it is supplied via physical media, electronic download or remote cloud access. Fully customised software developed for a single customer remains exempt, as do separately identified charges for custom modifications.
Importantly, California has not introduced a broad digital services tax. Many digital products remain outside the scope, including:
- Digital books
- Music and streamed audiovisual content
- Video games
- Cryptocurrency and other digital assets
- Cloud infrastructure services (IaaS)
Determining sourcing rules; no multi-state allocation
The legislation also introduces detailed sourcing rules. Remote sales will generally be taxed based on the customer’s California address, following a hierarchy of billing, shipping, payment instrument and mailing addresses. Unlike several other US states, California has not adopted a multi-state allocation framework, meaning businesses cannot apportion SaaS subscriptions between California and out-of-state users under the legislation.
A further compliance change applies to large transactions. Where annual receipts from qualifying digital product sales exceed $5 million, responsibility for paying the tax can shift from the seller to the purchaser, who must self-assess California use tax.
The legislation leaves several questions for future guidance from the California tax authorities, particularly around the treatment of Platform-as-a-Service (PaaS) and other evolving cloud services.
How California compares with other states
California joins a growing number of US states that have expanded sales tax to software and cloud services, although approaches remain far from uniform. States including Texas, New York, Washington and Pennsylvania already tax many SaaS transactions, while others continue to exempt them or apply industry-specific rules.
California’s legislation is notable for its clear statutory definition of taxable digital software, but unlike Texas and New York, it does not currently provide a mechanism for allocating multi-state SaaS subscriptions based on where the software is actually used.
US Sales Tax rates and selling thresholds
| State | State sales tax rate | Remote seller annual thresholds | Digital services taxable? | |||||
| $ threshold | Transactions threshold | |||||||
| Alabama | 4.0% | 1 Oct 2018 | $250,000 | Yes | ||||
| Alaska | 0% | - | n/a | No state-wide tax | ||||
| Arizona | 5.6% | 1 Oct 2019 | $100,000 | - | Yes | |||
| Arkansas | 6.5% | 1 July 2019 | $100,000 | 200 transactions | Yes | |||
| California | 6.0% | 1 April 2019 | $500,000 | - | No | |||
| Colorado | 2.9% | 1 Dec 2018 | $100,000 | - | Yes | |||
| Connecticut | 6.35% | 1 Dec 2018 | $100,000 | 200 transactions | Yes | |||
| Delaware | 0.0% | - | n/a | No state sales tax | ||||
| Florida | 6.0% | 1 July 2021 | $100,000 | - | No | Communications Tax. E-books exempt | ||
| Georgia | 4.0% | 1 Jan 2019 | $100,000 | 200 transactions | No | |||
| Hawaii | 4.0% | 1 July 2018 | $100,000 | 200 transactions | Yes | General Excise Tax | ||
| Idaho | 6.0% | 1 June 2019 | $100,000 | Yes | Software exempt | |||
| Illinois | 6.25% | 1 Oct 2018 | $100,000 | - (since Jan 2026) | No | |||
| Indiana | 7.0% | 1 Oct 2018 | $100,000 | - (since Jan 2024) | Yes | |||
| Iowa | 6.0% | 1 Jan 2019 | $100,000 | - | Yes | |||
| Kansas | 6.5% | 1 July 2021 | $100,000 | - | No | |||
| Kentucky | 6.0% | 1 Oct 2018 | $100,000 | - (since Aug 2026) | Yes | |||
| Louisiana | 4.45% | 1 July 2020 | $100,000 | - (since Aug 2023) | Yes | |||
| Maine | 5.5% | 1 July 2018 | $100,000 | - (since 2022) | Yes | |||
| Maryland | 6.0% | 1 Oct 2018 | $100,000 | 200 transactions | Yes | |||
| Massachusetts | 5.6% | 1 Oct 2018 | $100,000 | No | ||||
| Michigan | 6.0% | 30 Sep 2018 | $100,000 | 200 transactions | No | |||
| Minnesota | 6.875% | 1 Oct 2018 | $100,000 | 200 transactions | Yes | |||
| Mississippi | 7.0% | 1 Sep 2018 | $250,000 | - | Yes | |||
| Missouri | 4.225% | 1 Jan 2023 | $100,000 | - | No | |||
| Montana | 0.0% | - | n/a | No state sales tax | ||||
| Nebraska | 5.5% | 1 April 2019 | $100,000 | 200 transactions | Yes | |||
| Nevada | 4.6% | 1 Oct 2018 | $100,000 | 200 transactions | No | |||
| New Hampshire | 0.0% | - | n/a | |||||
| New Jersey | 6.625% | 1 Nov 2018 | $100,000 | 200 transactions | Yes | |||
| New Mexico | 5.0% | 1 July 2019 | $100,000 | - | Yes | |||
| New York | 4.0% | 21 July 2018 | $500,000 | 100 transactions | No | |||
| North Carolina | 4.75% | 1 Nov 2018 | $100,000 | - (since 2024) | Yes | |||
| North Dakota | 5.0% | 1 Oct 2018 | $100,000 | - | No | |||
| Ohio | 5.75% | 1 Aug 2019 | $100,000 | 200 transactions | Yes | |||
| Oklahoma | 4.5% | 1 Nov 2019 | $100,000 | - | No | |||
| Oregon | 0.0% | - | n/a | No state sales tax | ||||
| Pennsylvania | 6.0% | 1 July 2019 | $100,000 | Yes | ||||
| Puerto Rico | 10.5% | 1 Jan 2021 | $100,000 | 200 transactions | Yes | |||
| Rhode Island | 7.0% | 1 July 2019 | $100,000 | 200 transactions | Yes | |||
| South Carolina | 6.0% | 1 Nov 2018 | $100,000 | - | No | |||
| South Dakota | 4.2% | 1 Nov 2018 | $100,000 | - (since Jul 2023) | Yes | |||
| Tennessee | 7.0% | 1 July 2019 | $100,000 | - | Yes | |||
| Texas | 6.25% | 1 Oct 2019 | $500,000 | - | Yes | Only if physcial equivilaent is taxable (e.g. books) | ||
| Utah | 4.7% | 1 Jan 2019 | $100,000 | - (since Jul 2025) | Yes | |||
| Vermont | 6.0% | 1 July 2018 | $100,000 | 200 transactions | Yes | |||
| Virginia | 4.3% | 1 July 2019 | $100,000 | 200 transactions | Yes | |||
| Washington | 6.5% | 1 Oct 2018 | $100,000 | - | Yes | |||
| Washington, DC | 6.0% | 1 Jan 2019 | $100,000 | 200 transactions | Yes | |||
| West Virginia | 6.0% | 1 Jan 2019 | $100,000 | 200 transactions | Yes | Streaming services only | ||
| Wisconsin | 5.0% | 1 Oct 2018 | $100,000 | - (since 2021) | Yes | |||
| Wyoming | 4.0% | 1 Feb 2019 | $100,000 | - (since 2024) | Yes | |||