Kentucky Sales Tax for SaaS Products: A Guide to Compliance

Kentucky imposes a 6% sales tax on most goods and services, including SaaS products. This means that if your business sells SaaS products to customers in Kentucky, you are generally required to charge and collect sales tax on those sales. However, there are a few exceptions to this rule.

For example, if your SaaS product is considered to be a “digital good,” such as an e-book or a software download, then you may not be required to charge sales tax on it. Additionally, if your customer is a government agency or a non-profit organization, then you may also be exempt from charging sales tax. It is important to consult with a tax advisor to determine whether or not your SaaS product is subject to sales tax in Kentucky.

If you are required to charge sales tax on your SaaS products, then you must register with the Kentucky Department of Revenue and obtain a sales tax permit. You are also required to file sales tax returns on a regular basis and remit the sales tax you have collected to the state. The deadline for filing sales tax returns is the 20th of the month following the end of the reporting period. For example, the deadline for filing your sales tax return for the month of January would be February 20th. You can file your sales tax return online or by mail.

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Kentucky

Kentucky reduced its flat income tax rate to 4.5% effective January 1, 2024, as part of a broader strategy to improve the state’s economic outlook.

Official government link: Kentucky Department of Revenue

6.00%

E-products and services VAT/Sales tax rate

Reverse charge mechanism for B2B sales

Not applicable in the US

Tax ID validation required

Yes

When do you have to register

If you exceed $100,000 in sales.

Online registration possible

Yes

Local representative needed

Yes

Registration procedure

Register with the Kentucky Department of Revenue to obtain a sales and use tax permit.
File Form 1120 (Kentucky Corporation Income Tax Return) if earning Kentucky-source income.
Appoint a Kentucky registered agent if necessary

List of digital and electronic services liable for tax

SaaS, video games, digital audio/visual works

Penalties

5% of unpaid tax for each month, max 25% (Late Filing); 10% of unpaid tax after 30 days (Late Payment)

Registration threshold

$100,000.00

Filing interval

Monthly, Quarterly, or Annually

Filing deadline

20th of the month

E-invoicing requirements

No state-wide e-invoicing mandate

Record keeping

Income tax returns and supporting documents: 3 years minimum, 7 years recommended

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SaaS Sales Tax Record Keeping and E-Invoicing in Kentucky

Businesses that sell SaaS products in Kentucky are required to keep records of their sales and purchases for a minimum of three years. These records should include invoices, receipts, and any other documentation that supports your sales tax calculations. You should also keep a record of the sales tax you have collected and remitted to the state. These records can be audited by the Kentucky Department of Revenue, so it is important to keep them organized and accessible.

There is no state-wide e-invoicing mandate in Kentucky. However, some businesses may choose to use e-invoicing to streamline their sales tax compliance processes. E-invoicing involves sending invoices electronically, which can help to reduce errors and improve efficiency. If you are considering using e-invoicing, you should consult with a tax advisor to ensure that you are compliant with all applicable laws and regulations.

Managing sales tax compliance can be complex, especially if you sell your products in multiple jurisdictions. It is important to consult with a tax advisor to ensure that you are compliant with all applicable laws and regulations. A tax advisor can help you to determine your sales tax obligations, register for a sales tax permit, and file your sales tax returns.

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Kentucky’s New Tax Landscape

Kentucky reduced its flat income tax rate to 4.5% effective January 1, 2024. This change was made as part of a broader strategy to improve the state’s economic outlook. The new tax rate is expected to generate additional revenue for the state, which will be used to fund education, infrastructure, and other important state programs. The change is also expected to make Kentucky more competitive with other states for businesses and individuals. It is important to note that the sales tax rate in Kentucky is still 6%. However, the reduction in the income tax rate may make Kentucky a more attractive place to do business.

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