Out-of-state vendors must collect tax if they have a physical presence or meet economic thresholds ($100,000 in annual sales or 200+ transactions in Michigan).
Are you currently reviewing a or trying to determine if a specific SaaS product with a desktop agent is taxable?
When a transaction includes both taxable software and exempt services, Michigan uses this test to determine if the primary "object" of the sale is a service or a product. If the software is merely incidental to a professional service, the whole transaction may be exempt. Compliance Tips To protect against audit risks, businesses should:
Michigan's 6% sales and use tax applies to "tangible personal property," which the state defines to include (canned) computer software. Maintenance agreements follow these specific triggers:
When claiming an exemption, ensure Michigan Form 3372 (Sales and Use Tax Certificate of Exemption) is correctly executed.
If an optional agreement for prewritten software includes future updates or "tangible deliverables" (like new code versions), it may become subject to tax .
Agreements that strictly provide services like troubleshooting, technical assistance, or helpdesk access are generally exempt from tax.