Tax Law Updates | New Statutes, Regulations, and Rulings

June 2, 2010

NY Tax Dep’t: Litigation Support Services Delivered Online or in Tangible Format Are Not Subject to Sales and Use Tax

Petition No. S090825A
TSB-A-10(20)S, 5/6/2010

The New York State Department of Taxation and Finance (“Department”) has issued an advisory opinion, stating that a company’s (“Petitioner”) litigation support services delivered online or in tangible format such as DVDs and CDs are not subject to sales and use tax.

By way of background, Petitioner provides a variety of litigation support services to its customers. It provides some of these services using its online proprietary software. Petitioner does not transfer the software to the customer or allow the customer to access the software by remote means, nor does the customer have the ability to enter data, manipulate data or…

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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

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