Is SaaS taxable in Florida? What the Department of Revenue found
Florida's state sales tax is 6 percent of the sales price of each item of tangible personal property under Fla. Stat. s. 212.05(1)(a), and that section does not list software, data processing, information services or digital products as taxable items. In Technical Assistance Advisement 16A-014 of August 8, 2016, the Department of Revenue found that subscriptions to customized software accessed only remotely were not subject to sales and use tax, and neither were the related hosting, storage and backup services, because no tangible personal property was conveyed. It also noted that canned software sold on disk to customers in the state is taxable under Rule 12A-1.032. The advisement binds the Department only on its own facts, so a standard multi-tenant product is worth checking with an accountant. Other states set their own treatment of SaaS; California, for one, starts taxing prewritten SaaS on January 1, 2027.





