Tax Law Updates | New Proposed Regulations

February 19, 2009

California FTB Seeks to Revise Sales and Use Tax Regulation on Computer Programs

Proposed Amendments to Regulation 1502
Regulation 1502, 1/23/2009

The California Franchise Tax Board (“FTB”) seeks to amend regulation pertaining to sale and use tax.  Specifically, the FTB’s proposed regulation clarifies the definition of the term “program” as it relates to computers and data processing.

Under the proposal,  the FTB defines the term as “the complete plan for the solution of a problem, i.e., the complete sequence of automatic data processing equipment instructions necessary to solve a problem, and includes both systems and application programs and subdivisions thereof.”

The FTB defined the term “Problem” as the “means and includes any problem that may be addressed or resolved by a program…

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Companies Mentioned

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The following companies are mentioned in Tax Law Updates:

Internal Revenue Service

Swallows Holding, Inc.

The State of New York

New York State Department of Taxation and Finance

Amazon.com LLC

Amazon Services, LLC

Textron Inc.

County of Los Angeles

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

Detroit Medical Center

Department of Justice

Santini Stone LLC

City of Chicago

StubHub, Inc.

Mayer Brown LLP d.b.a. Mayer, Brown, Rowe & Maw LLP

Additional Resources

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