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Is SaaS Taxable in North Carolina? A 2025 Guide for eCommerce Businesses

14 January

Is SaaS Taxable in North Carolina? A 2025 Guide for eCommerce Businesses

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Is SaaS Taxable in North Carolina? A Guide for Businesses

Navigating SaaS taxability and understanding tax laws is critical for businesses operating in North Carolina. While SaaS is currently not taxable, other digital products may fall under the state’s sales tax regulations. Understanding these distinctions ensures compliance and prevents costly errors.

Overview of North Carolina SaaS Tax Rules

SaaS is exempt from sales tax in North Carolina, meaning businesses providing subscription-based software do not need to collect tax for these services. However, digital goods like e-books, music, and streaming services are taxable under state law.

Why SaaS Tax Rules Matter

  • Revenue Impact: For SaaS providers, misinterpreting tax rules could lead to over- or undercharging customers.
  • Compliance Risks: Failure to understand exemptions or apply economic nexus rules could result in audits or penalties.

Example Scenario

A SaaS company with $150,000 in annual sales to North Carolina customers meets the economic nexus threshold but does not need to collect tax on SaaS products. However, if they also sell digital downloads, such as software add-ons, these may be taxable.

Key Sales Tax Facts

Sales Tax ComponentDetails
State Taxing AuthorityNorth Carolina Department of Revenue (NCDOR).
Base Sales Tax Rate4.75%.
Local Tax RatesUp to 2.25%.
Combined Sales Tax RateUp to 7.5%.
Economic Nexus Threshold$100,000 in annual sales or 200 transactions with North Carolina customers.
  • Economic Nexus Example: A business generating $120,000 in North Carolina sales must register and file sales tax returns even if SaaS is exempt.
  • Taxable Digital Goods: Products such as e-books and streaming services are taxed at the combined state and local rate, which varies by location.

Compliance Tips for SaaS Businesses

  • Verify Tax Exemptions: Regularly check the NCDOR Guidance on Remote Access Computer Software for updates.
  • Understand Local Variations: Combined rates can differ significantly by locality.

Additional Resources

How North Carolina Sales Tax Applies to SaaS Products

While SaaS is not subject to sales tax in North Carolina, it is important for businesses to understand the broader landscape of sales tax rules and rates. Properly navigating tax obligations ensures compliance and avoids potential penalties. Businesses can review the Important Notice on Computer Software from NCDOR to clarify the distinction between SaaS and taxable software products.

North Carolina Sales Tax Rates and Calculations

North Carolina combines a state sales tax rate of 4.75% with local tax rates of up to 2.25%, resulting in a total maximum rate of 7.5%. Local rates vary by jurisdiction, making accurate calculations essential.

How to Calculate Sales Tax

Calculating sales tax in North Carolina involves applying the combined state and local tax rate to the purchase price.

FormulaExample Calculation
(Base Rate + Local Rate) × Purchase PriceA $100 purchase with a 4.75% base rate and a 2% local rate = $6.75 in sales tax.

Example Scenario

A business in Mecklenburg County sells $500 of taxable goods to customers. With a combined tax rate of 7.25%:

  • Tax Due: $500 × 7.25% = $36.25.

Understanding SaaS Taxability in North Carolina

North Carolina exempts SaaS from sales tax, distinguishing it from other digital goods, such as:

  • Taxable Items: Digital goods like e-books, music downloads, and streaming services.
  • Exempt Services: Subscription-based software services accessed remotely. For further clarification, businesses can refer to the NCDOR’s Important Notice on Computer Software.

Example Scenario

A SaaS provider offers a $50/month subscription to North Carolina customers. Because SaaS is exempt, no sales tax is due. However, if the provider also sells downloadable add-ons, those add-ons may be taxable.

North Carolina Sales Tax Nexus Explained

Sales tax nexus determines whether a business is obligated to collect and remit sales tax in North Carolina. Nexus can arise in two primary ways:

Physical Nexus

  • Maintaining an office, warehouse, or employees in the state.
  • Storing inventory in North Carolina facilities.

Economic Nexus

  • Businesses with $100,000 in annual sales or conducting 200 transactions with North Carolina customers are required to register for sales tax, regardless of physical presence.

Example Scenario

A company based in another state generates $150,000 in digital product sales to North Carolina customers. Despite having no physical presence, the company meets the economic nexus threshold and must register and remit sales tax.

Taxable and Exempt SaaS Products in North Carolina

Understanding which products and services are taxable versus exempt in North Carolina is essential for SaaS providers and other businesses. This distinction ensures compliance and accurate pricing for your customers. For clarity on taxability rules for digital property, businesses can review the Sales and Use Tax on Certain Digital Property in North Carolina.

What SaaS Products Are Taxable in North Carolina?

While SaaS is not taxable in North Carolina, other digital and non-digital goods and services are subject to sales tax, including:

  • Retail sales of tangible goods.
  • Prepared foods and beverages.
  • Telecom services, such as cable or internet services.
  • Accommodations, including hotel stays or vacation rentals.
  • Event admissions, like tickets to concerts or sporting events.

Example Scenario

A company selling SaaS subscriptions and event tickets in North Carolina must collect and remit sales tax on ticket sales but not on the subscription fees. For help managing compliance across multiple product types, consider tools like Streamlined Sales Tax for Simplified Compliance.

Exemptions and Considerations for SaaS in North Carolina

Certain goods and services are exempt from sales tax in North Carolina, offering financial relief to specific industries and consumers. Common exemptions include:

  • Groceries (unprepared food items).
  • Prescription medications and medical devices.
  • Certain farm equipment and manufacturing inputs.
  • Newspapers and other specified publications.

Example Scenario

A North Carolina business provides both exempt prescription drug software and taxable digital downloads. Only the taxable products require sales tax collection.

Is Software Maintenance Taxable in North Carolina?

Software maintenance services are taxable if they include:

  • Access to prewritten software.
  • Updates or upgrades delivered electronically.

However, if the maintenance service is purely advisory or does not grant access to software, it may be exempt.

Example Scenario

A software company charges $200 annually for a maintenance package that includes software updates. This service is taxable in North Carolina, requiring the company to collect sales tax.

Collecting, Filing, and Auditing SaaS Sales Tax in North Carolina

Accurate collection, timely filing, and proper record-keeping are essential for businesses handling sales tax in North Carolina. Whether collecting tax for digital goods or preparing for an audit, following state requirements minimizes risks and ensures compliance. Businesses can refer to the NCDOR Sales and Use Tax Rates for up-to-date rate information.

Collecting and Filing SaaS Sales Tax

North Carolina uses a destination-based taxation system, meaning the applicable tax rate depends on the buyer’s location. While SaaS is exempt, businesses selling other taxable goods or services must consider:

  • Destination-Based Tax Rates: Taxes are calculated based on the buyer’s location, not the seller’s.
  • Shipping Charges: If shipping is associated with taxable sales, it is also subject to sales tax.

Filing Schedule

Filing frequency depends on a business’s tax liability:

  • Monthly Filing: Required for businesses with tax liabilities exceeding $100 per month.
  • Quarterly Filing: For businesses with tax liabilities under $100 per month.

Filing Deadlines

Businesses must submit their sales tax returns on time to avoid penalties:

  • Monthly Filers: Returns are due by the 20th of the following month.
  • Quarterly Filers: Returns are due by the last day of the month following the quarter-end.

Example Scenario

A North Carolina retailer collects $150 in sales tax during January. As their liability exceeds $100, they must file a return and ensure they have a valid sales tax permit by February 20th. A retailer collecting $90 over the same period would qualify for quarterly filing.

Businesses can simplify tax filing processes by exploring tools like Kintsugi vs Anrok: Comparative Analysis to ensure accuracy and reduce administrative effort.

Common SaaS Filing Mistakes

Even with exemptions for SaaS, businesses often make errors during the filing process, such as:

  • Misclassifying SaaS Products: Incorrectly treating SaaS as taxable.
  • Using Outdated Tax Rates: Failing to apply updated local tax rates for destination-based calculations.
  • Failing to Report Zero Sales: Even if no taxable sales occur during a period, businesses must file a zero-sales return.

Audits and Appeals for North Carolina SaaS Sales Tax

Audit Process

Sales tax audits in North Carolina typically involve:

  1. Notification: The North Carolina Department of Revenue (NCDOR) sends an audit notice specifying the scope and required documents, similar to processes in states like Florida.
  2. Record Review: The auditor examines sales records, exemption certificates, and returns.
  3. Findings Report: A summary of discrepancies or noncompliance.

Common Errors Identified in Audits

  • Applying incorrect sales tax rates.
  • Missing or invalid exemption certificates.
  • Failing to maintain accurate sales records.

Example Scenario

A SaaS provider fails to maintain exemption certificates for $50,000 in sales and is required to pay tax on the total amount during an audit.

Appeals Process

If a business disagrees with audit findings, they can:

  1. File a Dispute: Submit a written appeal to the NCDOR within 30 days of receiving the findings.
  2. Escalate: If unresolved, the case can be taken to the North Carolina Court of Appeals.

FAQs

Businesses in North Carolina must navigate a variety of specialized taxes, ensure compliance with SaaS-specific rules, and consider tools like Kintsugi to simplify sales tax management.

Is SaaS taxable in North Carolina?

No, SaaS is currently exempt from sales tax in North Carolina. However, businesses must stay informed as tax regulations evolve.

Do digital goods fall under SaaS tax rules in North Carolina?

Yes, digital goods such as e-books, music, and streaming services are taxable, even though SaaS itself is exempt.

How to file sales tax for SaaS products in North Carolina?

SaaS businesses must still file returns, even if no tax is due for exempt services. This ensures compliance with state reporting requirements.

Kintsugi Can Help Manage SaaS Sales Tax Compliance in NC

Managing sales tax manually can lead to errors, missed deadlines, and unnecessary stress. Kintsugi simplifies the process with automation tools tailored to SaaS businesses.

Why Automate SaaS Sales Tax Compliance?

  • Accurate Calculations: Kintsugi ensures precise tax calculations across North Carolina’s 1,400+ jurisdictions.
  • Error Reduction: Automation minimizes the risk of human error in tax filings.
  • Time Savings: Automating sales tax processes lets businesses focus on growth rather than paperwork.

Integration Options

Kintsugi integrates seamlessly with leading platforms, including:

  • Shopify.
  • Stripe.
  • BigCommerce.

By choosing Kintsugi, SaaS businesses can stay compliant, save time, and avoid costly penalties. Learn more at Kintsugi.

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