sales tax on services and multistate taxation of software/cloud computing providers & users

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Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users Edward Bernert ([email protected] ) Janette Lohman ([email protected] ) Todd Whittaker ([email protected] )

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Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users. Edward Bernert ( [email protected] ) Janette Lohman ( [email protected] ) Todd Whittaker ( [email protected] ). What is cloud computing?. Cloud Computing - Definition. - PowerPoint PPT Presentation

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Page 1: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

Sales Tax on Services and Multistate Taxation of Software/Cloud Computing

Providers & UsersEdward Bernert ([email protected])

Janette Lohman ([email protected])Todd Whittaker ([email protected])

Page 2: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

What is cloud computing?

Page 3: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

Cloud Computing - Definition

Image source http://www.entechcomputers.com/resources/what-is-cloud-computing/

Page 4: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

Cloud Computing - Definition

Image source http://www.entechcomputers.com/resources/what-is-cloud-computing/

Page 5: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

Cloud Hype Cycle

Source: Gartner, 2012

Software as a Service (SaaS)Infrastructure as

a Service (IaaS)Platform as a Service (PaaS)

Page 6: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

Three types

• Infrastructure as a Service (IaaS)

Image source http://strawdogs.files.wordpress.com/2009/08/spaghetti-bowl.jpg

Page 7: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

Three types

• Platform as a Service (PaaS)

Image source http://www.freedomdigitalnetworks.com/images/uploads/posts/images/offshore-platform-4.jpg

Page 8: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

Three types

• Software as a Service (SaaS)

Image source http://energyzarr.typepad.com/energyzarrnationalcom/2011/09/will-binary-communications-survive.html

Page 9: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

Pendulum swing

??

Page 10: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

10

How the Web Works

`

PC withWeb Browser

SaaS cloudhost

Internet

Page 11: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

11

`

PC withWeb Browser

SaaS cloudhost

Internet

How the Web Works

• Browser sends HTTP request as textGET /article.pl?sid=06/12/19/2256259/ HTTP/1.1Host: it.slashdot.org

Page 12: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

12

How the Web Works

• Server sends back HTTP responseHTTP/1.1 200 OKDate: Thu, 21 Dec 2006 21:31:30 GMTContent-Type: text/htmlContent-Length: 1354

<html><body><h1>Should JavaScriptGet More Respect?</h1>(more file contents) . .</body></html>

`

PC withWeb Browser

SaaS cloudhost

Internet

This is a “document,” containing text, formatting, and display instructions.

Page 13: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

13

`

PC withWeb Browser

SaaS cloudhost

Internet

How the Web Works

• Web browser examines document to identify and request other resources (e.g. images).

• Place elements and display to user

Page 14: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

14

`

PC withWeb Browser

SaaS cloudhost

Internet

How the Web Works

• Begs two questions:– Where is “the cloud?”– Where is “the software?”

Page 15: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

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Where is “the cloud?”

• Asking the question is against cloud principles

Page 16: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

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Where is “the software?”

• Is it a download?• Is it remote access?• Who runs it?

Page 17: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

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Where is “the software?”

`

PC withWeb Browser

SaaS cloudhost

Internet

A web browser doesn’t just display documents. It also runs programs written in a language called JavaScript.

Page 18: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

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Where is “the software?”

`

PC withWeb Browser

SaaS cloudhost

Internet

So, is this “the software?”

Page 19: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

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Where is “the software?”

`

PC withWeb Browser

SaaS cloudhost

Internet

What does this end do?So, is this “the software?”

Page 20: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

20

Where is “the software?”

• Is it a download?• Is it remote access?• Who runs it?

No. Some program code is downloaded, but it provides no value without the part that stays on the server.

No. Parts run on the local machine as well as remotely. Not quite like timesharing.

Probably the most important legal question.

Page 21: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

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Who runs it?

End users The company

Page 22: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

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Who runs it?

End users The company“The software is obviously responding to what they do. End users are in the driver’s seat.”

Page 23: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

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Who runs it?

End users The company“The software is obviously responding to what they do. End users are in the driver’s seat.”

“End users are just doing data entry. The software runs on our servers, stores data there, and makes decisions there.”

Page 24: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

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Who runs it?

End users The company“You are charging users a monthly fee to use your software. You even call them ‘users’ and ask for their ‘username.’”

Page 25: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

25

Who runs it?

End users The company“You are charging users a monthly fee to use your software. You even call them ‘users’ and ask for their ‘username.’”

“They are users of the service we provide. Our service goes beyond data entry. We are paid for our business processes.”

Page 26: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

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Who runs it?

End users The company“Service? Really? Who uses any software that doesn’t provide a service? ”

Page 27: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

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Who runs it?

End users The company“Service? Really? Who uses any software that doesn’t provide a service? ”

“I’m not hearing a problem.”

Page 28: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

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Who runs it?

End users The company“Service? Really? Who uses any software that doesn’t provide a service? ”

“I’m not hearing a problem.”

Page 29: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

It’s a mess

Page 30: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

Questions?

Page 31: Sales Tax on Services and Multistate Taxation of Software/Cloud Computing Providers & Users

Download these slides!

http://bit.ly/CloudTax2