Advisory: Is it Time to Move Your Data Center Operations to RI? Is Massachusetts going to put a big tax on big data?
Massachusetts Governor Deval Patrick’s proposed 2014 Budget includes a hefty new $.25 billion 4.5% Sales Tax on SAAS and Big Data Service Providers, among others. It appears the tax targets businesses who originate Big Data and “Customized Software” Services (SAAS) from their servers and storage devices located within the Commonwealth of Massachusetts.
Providence, RI (PRWEB) June 13, 2013
While we don’t know yet if this Section of the Governors proposed 2014 budget will make it through the budgeting process it is certainly something that any SAAS, Big Data, and Disaster Recovery Service Provider who have their platforms located in Massachusetts will want to follow. Unless you are comfortable paying $450,000 for every $10M in sales generated or made available is unique to a particular customer. “Computer and data processing services” include provision of data or access to data that are sold together with a computer or data processing service, unless the purchase of the data or access to data is optional to the customer and the cost to the customer of the data or access to data is stated separately from any charge for computer or data processing service on .
Section 7 (AA) of the 2014 Proposed Budget Reads as Follows:
Extend the sales tax to computer and data processing services and custom software
(AA) Section 1 of chapter 64H of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the definition of “Commissioner” the following definitions:
“Computer and data processing services,” services that include but are not limited to programming, code writing, modification or testing of existing programs, feasibility studies and design and installation of computer systems that integrate computer hardware, software, and communication technologies, whether or not such services are rendered in connection with the development, creation or production of standardized or custom software, provision of access to software or the storage of data on the seller’s or a third party’s server including disaster recovery services, and bundled charges where the value of computer and data processing services is the predominant portion of the bundle and regardless of whether any report that is furnished the invoice provided to the customer at the time of purchase. Computer and data processing services do not include the provision of (1) downloaded books, music, videos or ringtones, or (2) computer facilities management services.
“Custom software,” a software program prepared to the special order of a customer that is not standardized software, including modifications or enhancements to standardized software.
Source: http://www.mass.gov/bb/h1/fy14h1/os_14/h7.htm Massachusetts Proposed 2014 Budget Outside Section 7 AA
For the original version on PRWeb visit: http://www.prweb.com/releases/prweb2013/6/prweb10827307.htm