- NYS Tax Appeals Tribunal upheld sales tax assessment on company providing services through SaaS model
- Tribunal found VMS fees subject to sales tax
- Tribunal did not apply primary function or true object test, instead considered entire fee subject to tax if tangible property not incidental to nontaxable services
- Company provided services to large businesses for managing contingent labor force
- No separate charges for consulting services, only single fee for VMS bundled package
- Tribunal found VMS software taxable prewritten computer software
- Tangible property considered significant part of transaction, not trivial element
- Company failed to provide reasonable and separately stated charges for otherwise nontaxable services
Source: jdsupra.com
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
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