TE
TechEcho
Home24h TopNewestBestAskShowJobs
GitHubTwitter
Home

TechEcho

A tech news platform built with Next.js, providing global tech news and discussions.

GitHubTwitter

Home

HomeNewestBestAskShowJobs

Resources

HackerNews APIOriginal HackerNewsNext.js

© 2025 TechEcho. All rights reserved.

Massachusetts Introduces Software Service Tax

76 pointsby imbalmost 12 years ago

18 comments

asmithmd1almost 12 years ago
MA has so many make-work jobs who do absolutely nothing at least they could leave those of us trying to do something alone. I was talking to a guy who used to be a product designer for Brookstone, Polaroid and GM. He has an idea to create 100 simple products all manufactured within 100 miles of Boston.<p><a href="http://www.onehundred.co" rel="nofollow">http:&#x2F;&#x2F;www.onehundred.co</a><p>He thought he would reach out to some MA economic development organization and let them know what he was doing. They got back to him right away, I forget which exact agency, to let him know they would not be able to provide any help. He was kind of miffed because he hadn&#x27;t asked for anything - but now he knew they would not be able to help no matter what he might need.<p>I tried to look up the agency he contacted and I found these agencies:<p>Commonwealth Corporation<p>MassDevelopment<p>Mass. Office of Housing and Economic Development<p>Mass. Office of Business Development<p>Mass. Business Development Center<p>Mass. Small Business Development Center<p>Mass. Export Center<p>Mass. Office of International Trade &amp; Investment<p>MassVentures<p>Mass. Growth Capital Corporation<p>Mass. Technology Collaborative<p>Mass. Technology Transfer Center<p>Mass. Clean Energy Center<p>Mass. Life Sciences Center<p>Commonwealth Marketing Office<p>Don&#x27;t worry about any waste or duplication - the Mass. Office of Performance Management &amp; Oversight was created with the job of making sure all these groups are working together.<p>Each of these places has dozens if not hundreds of employees with titles I can&#x27;t even parody:<p>Executive Assistant to the Deputy Director<p>Program Assistant to the Director<p>Director of Cluster Development<p><a href="http://www.masstech.org/meet-masstech/our-team/meet-our-staff" rel="nofollow">http:&#x2F;&#x2F;www.masstech.org&#x2F;meet-masstech&#x2F;our-team&#x2F;meet-our-staf...</a><p>All of these people standing by ready to fire back an email that they really can&#x27;t be of any help
评论 #6150844 未加载
评论 #6151770 未加载
tomheonalmost 12 years ago
According to a friend of mine who is relatively knowledgeable about this law, it was originally intended to target enterprise companies that were essentially selling software for next to nothing and then charging like mad for the &quot;installation and configuration&quot; to avoid sales tax.<p>The wisdom of even that approach is debatable, but the actual language of the law is far from conveying that intent and is a total, indecipherable mess. No one has the remotest clue what is actually covered under the language of the law.<p>I&#x27;m part of a small software consultancy in MA, and we&#x27;ve now got 30 days to decide which of our customers this crazy language applies to, and which it doesn&#x27;t. Is Django &quot;pre-written&quot; software? Does spinning up and customizing an instance count?<p>It&#x27;s crazy town.
评论 #6150410 未加载
评论 #6150308 未加载
评论 #6150142 未加载
readmealmost 12 years ago
Hey guys,<p>The ABI Hub is an awesome coworking space and startup incubator in Manchester, NH. <a href="http://abihub.org/" rel="nofollow">http:&#x2F;&#x2F;abihub.org&#x2F;</a><p>I&#x27;ve been going there for a few months and moved to NH at the beginning of the year. It has been awesome.<p>There is a technology scene ready to bloom in Manchester. Also, the cost of living is about 50% of Boston&#x27;s.<p>For those who aren&#x27;t from around here, NH doesn&#x27;t have unfair taxes :)
评论 #6150247 未加载
评论 #6150598 未加载
rwhitmanalmost 12 years ago
This has disturbing implications for the rest of the country. What happens if the developers of Massachusetts just roll over and give the state hundreds of millions of dollars of extra revenue? What message does that send to other states?
评论 #6150422 未加载
评论 #6150717 未加载
tomkinstinchalmost 12 years ago
Is a plumber in Massachusetts required to charge tax on all services rendered, or only those that involve pre-made physical parts?<p>Is there a paralogous example from a different profession that we can use to gain insight into this new law?
评论 #6150119 未加载
coldcodealmost 12 years ago
Move. Now. The more people leave the state and&#x2F;or refuse to provide services to people there the less money they get. Sure it&#x27;s not a easy thing to do at all but the only way politicians get a message if it there is a high price attached.
Dangerangeralmost 12 years ago
In the state of Vermont where I live our legislature introduced and passed a similar bill several years ago, under nearly identical circumstances. Nestled into another bill, the state house inserted and passed a sweeping tax on &quot;Cloud Services&quot; which affected all software delivered to the end user via the internet.<p>The real salt in the wound for businesses was that the tax was going to be retroactively applied to the previous four years of revenue. This would have driven a fair share of our fledgling technology sector out of business almost immediately.<p>Thankfully, our Governor did not agree with the way the tax was passed into law, nor how it was applied. He first delayed and eventually removed the tax all together.<p>When politicians sneak revenue draining taxes into the business market like this, without public comment or discussion, it makes me truly concerned that they are simply self interested.<p>Hopefully the Massachusetts state house will pull their heads out of the sand and clear up the confusion with their constituents. Maybe by next election cycle, those affected will let their feelings be known in the polls.
rwhitmanalmost 12 years ago
&quot;Singleton is upset that the technology industry did not lobby more strongly against the tax, and he worries it will hurt Massachusetts&quot;<p>It occurred to me I&#x27;ve been a developer for 13 years and have no clue who&#x27;s got my back if the government starts to target my business unfairly. What kind of industry lobbies or trade groups are even out there to fight a law like this?
dunhamalmost 12 years ago
There is a FAQ here: <a href="http://www.mass.gov/dor/docs/dor/law-changes/faqss-computer-software-2013.pdf" rel="nofollow">http:&#x2F;&#x2F;www.mass.gov&#x2F;dor&#x2F;docs&#x2F;dor&#x2F;law-changes&#x2F;faqss-computer-...</a><p>Per question 23, it appears that adding a computer to a LAN is an example of a taxable service.
kgrinalmost 12 years ago
I&#x27;ll say this as the owner of a small consultancy that will (probably) be affected by the new law: I have far less objection to the tax itself than the specifics of how it&#x27;s implemented. In any case, it might first be worthwhile to read the actual language in question [1].<p>So with that in mind, the implementation problems include:<p>1) There was very little notice given to the affected parties - the bill passed July 24, effective July 31. (This is somewhat unavoidable, since part of the stated purpose of the tax is to fund transportation projects in 2013 - so delaying its effects would be counterproductive to the underlying goal).<p>2) There&#x27;s still quite a bit of ambiguity surrounding implementation, including - crucially - what&#x27;s taxable and what isn&#x27;t. MA DOR (the state&#x27;s version of the IRS) has issued some FAQs [2] and clarifications - which, annoyance aside, have actually been helpful. However, they only begin to answer the very real questions that this presents for many businesses - but we&#x27;re responsible for collecting the tax basically yesterday (first filing due September 20, to cover taxes starting August 1). I read today that DOR will issue additional clarification and guidance in October... which I can only assume will be retroactive. So we&#x27;ll likely be forced to either charge some people an unnecessary tax, or take an unexpected 6% revenue cut, or possibly end up having to pay penalties. Merits of the tax aside, the uncertainty - inevitable with such a new rule! - is what&#x27;s killer.<p>3) Broadly speaking, the distinction they&#x27;re trying to draw in the law does seem a bit weird. As I understand it (and IANAL, but have talked to a few - all of whom are still trying to parse what this means), if I write a custom CMS &quot;from scratch&quot;, that&#x27;s still considered a tax-free service. If I train you on, say, Wordpress (or any open-source or commercial product, really), that&#x27;s still tax-free as well. If, however, I build a plugin to integrate Wordpress with your in-house SSO system - that&#x27;s taxable. A custom theme? Probably.<p>Where do frameworks fit in? (Say, if I write you a shiny, custom CMS in Django). I don&#x27;t know. There&#x27;s a specific clarification issued by DOR that operating systems are exempt - or rather, to quote directly: &quot;Custom application software (including custom software that incorporates such proprietary code) that is designed to run on a prewritten operating system is treated as custom software and not as a modification of the prewritten operating system software.&quot;<p>There are some interesting caveats being carved out - for example: &quot;Suppose a computer system is designed but not actually built, so software is never actually integrated with hardware. Are the services still subject to sales tax? No.&quot;<p>Again, while on the whole I&#x27;d of course prefer that this tax go away entirely, at the end of the day it&#x27;s no more or less rational than the taxation (or non-taxation) of many other goods and services. The critical problem here is the implementation, which introduces a whole lot of uncertainty and risk into a business that, until a few days ago, has never had to deal with this sort of thing.<p>[1] <a href="http://www.mass.gov/dor/businesses/help-and-resources/legal-library/tirs/tirs-by-years/2013-releases/tir-13-10.html" rel="nofollow">http:&#x2F;&#x2F;www.mass.gov&#x2F;dor&#x2F;businesses&#x2F;help-and-resources&#x2F;legal-...</a><p>[2] <a href="http://www.mass.gov/dor/docs/dor/law-changes/faqss-computer-software-2013.pdf" rel="nofollow">http:&#x2F;&#x2F;www.mass.gov&#x2F;dor&#x2F;docs&#x2F;dor&#x2F;law-changes&#x2F;faqss-computer-...</a>
评论 #6150755 未加载
评论 #6152733 未加载
readmealmost 12 years ago
Throw all the software services into the harbor!
评论 #6150243 未加载
saltyknucklesalmost 12 years ago
Looks like Boston needs another tea party or LAN party? I don&#x27;t know but something has to be done. It seems like this industry has been attacked unfairly as of late.
jwattealmost 12 years ago
The main problem I have with this is that they are taxing information work that is clean, to fund &#x2F;freeways&#x2F;. Way to go, 20&#x27;th century!
curiousdanniialmost 12 years ago
Why do all the American states have different taxes?<p>Here in Australia we have 10% GST (Goods and services tax). So wherever you&#x27;re from in the country you can expect both goods and services to be priced the same. So much simpler for the average consumer!
评论 #6150462 未加载
评论 #6150958 未加载
评论 #6150566 未加载
sologoubalmost 12 years ago
What a mess... So if I buy a SaaS product that requires some config on the providers end, is that taxable too?
评论 #6150124 未加载
评论 #6151900 未加载
评论 #6150194 未加载
asmithmd1almost 12 years ago
Why computer services? Why not tax something no one likes - radio and TV ads
camzalmost 12 years ago
I practice tax law and write for forbes on tax law.. this area of law may seem confusing, but that is mostly for the media buzz. The law has generally been fairly clear.<p>Many states have long had laws that taxed &quot;pre-written or canned software.&quot; MA is just one of the newer states that have enacted this law. New York has had the law in the books for years.<p>Pre-written software means that you&#x27;ve previously created software and you&#x27;ve literally re-used the code.<p>Professional, custom or designed software is still exempt as a &quot;professional service.&quot;<p>What happens when you&#x27;re like SAP and you start with canned software, but then customize it? Then, you pay sales tax on the canned portion and then you don&#x27;t pay tax on the customization costs.<p>In sales tax audits, they test this by comparing code sold off the shelf to the code presented as &quot;custom.&quot; Generally, consultants are used.<p>There are also sales tax on &quot;informational reports.&quot; This started as paying sales tax for &quot;stock tips&quot; sent over the fax. But, today this has extended to informational reports that were created by software. Thus, a lot of businesses that &quot;don&#x27;t sell canned software&quot; and provide a &quot;service&quot; cannot escape the tax law by simply providing the end product alone.<p>I can understand people getting angry, but the law has been around for a while... I&#x27;ve gone through multiple audits with companies such as reuters, bloomberg and etc. I don&#x27;t particularly feel that its unfair, since if you provide a &quot;custom service&quot; then you&#x27;re exempt.<p>Obviously, there are always going to be ways to &quot;technically&quot; get away with avoiding sales tax, but that doesn&#x27;t mean that they&#x27;re inherently unfair. Companies avoided paying sales tax on software for a while, until the states realized that they were being cheated by these businesses. Then, businesses decided that if we don&#x27;t sell the software on &quot;CDs&quot; then its not tangible property and &quot;legally not taxable.&quot; So, they would bring the CDs and install the software and then leave with the CD&#x27;s to effectively avoid the sales tax.<p>Then, they started to allow the software to be hosted online and only provide the &quot;end-product aka SaaS.&quot; Services are commonly exempt and hard to follow, thus they escaped the states radar for years. Its a cat and mouse game that will continue.<p>I think the best example is if an attorney or accountant were to provide the same exact tax return or memo to everyone, then it&#x27;d be taxable under sales tax law. But, because we provide a different memo or tax return to everyone (maybe using a system like turbotax or something), it is a custom product because the service is only applicable to that person. If the developer provides a copy of turbo tax, then its taxable because its always the same. But, if the developer uses RoR, Python or some other system to &quot;create&quot; the end product for the individual, then its not taxable. Hopefully, this crude example is decent enough to get the point across.
评论 #6150761 未加载
评论 #6150776 未加载
cpursleyalmost 12 years ago
Taxachusetts...