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ARTICLE · 02 APRIL 2014

Idaho Has An App For That

Last year Idaho’s House of Representatives enacted HB 243, exempting cloud computing services from Idaho’s sales tax.

United StatesMedia, Telecoms, IT, Entertainment

Last year Idaho's House of Representatives enacted HB 243, exempting cloud computing services from Idaho's sales tax. However, the legislation led to more questions and uncertainty. Thus, Idaho's House of Representatives introduced HB 598 to provide clarity to HB 243. However, based on the governmental entities' comments and legislation many issues remain unsettled.

Under Idaho's current regulations, all tangible personal property is subject to sales tax. Tangible personal property includes software that is not customized and is not application software accessed over the internet or via wireless media. However, this exclusion does not include application software whose primary purpose is for entertainment use. The exclusion also does not include software that can be accessed over the Internet where the same software is sold in stores or by electronic download. This exclusion results in confusion and inconsistency. For example, if a user accesses tax software that

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