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Receivables and sales tax in New York

New York taxes SaaS as prewritten software, at 4% plus local rates (8⅞% in NYC). Remote sellers register after $500,000 and 100 sales; a New York employee makes you a vendor at once.

Jurisdiction
New York
Reading time
2 min
Checked
October 13, 2026
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Key figures

New York receivables

2026, with sources

State sales tax rate
4%Plus local rates set by county and city.
New York City combined rate
8⅞%Westchester outside its cities 8⅜%; Erie 8¾%.
Economic nexus
Over $500,000 and over 100 salesBoth tests, over the preceding four sales tax quarters.
SaaS / prewritten software
TaxableTaxable whether sold on disk, downloaded or by remote access.
Quarterly filer ceiling
Under $300,000 a quarter$300,000 or more of taxable receipts in a quarter moves you to monthly.
Annual filer
$3,000 or less in tax a year

SaaS is taxable

New York’s position is short and old: prewritten computer software is tangible personal property, taxable whether it is sold on a disk, by download, or by remote access (Tax Bulletin ST-128). That makes most SaaS taxable at the state’s 4% plus the local rate where the customer is, 8⅞% in New York City. Custom software designed to one buyer’s specifications is not taxable, but a configurable product sold to many customers is prewritten.

The rate follows the customer, and Publication 718 lists each county and city rate: 8% in most counties, 8⅜% in Westchester outside its cities, 8¾% in Erie. A company billing customers across the state needs its billing system to know where each one is.

When registration starts

A business with no physical presence must register once, in the preceding four sales tax quarters, it made more than $500,000 of sales of tangible property (which includes software) delivered into New York and more than 100 such sales. Both tests must be met. Physical presence is different: a single employee or office in New York makes a company a vendor without any threshold, and it must register for a Certificate of Authority at least 20 days before it starts making taxable sales.

That is why the first New York hire is usually the sales tax moment for a SaaS startup. A company with $300,000 of New York revenue and no sales tax registration becomes a vendor the day its first New York employee starts.

Filing and records

New registrants usually file quarterly on Form ST-100. New York’s sales tax quarters are offset from the calendar (March–May, June–August, September–November, December–February), with returns due on the 20th of the following month. A vendor with $300,000 or more of taxable receipts in a quarter becomes a part-quarterly (monthly) filer; one owing $3,000 or less a year may be moved to annual. A registered vendor files even in a quarter with no sales.

For customer prepayments and credits that are never used, the State Comptroller’s unclaimed funds rules apply; credit balances left on the books for years are a reportable item, not income.

Deadlines

  1. Mar 20, Jun 20, Sep 20, Dec 20Quarterly sales and use tax return (quarters end Feb, May, Aug, Nov)Form ST-100
  2. At least 20 days before you startRegister before making taxable salesCertificate of Authority

Common questions

Is our SaaS product taxable in New York?

Yes. New York taxes prewritten computer software as tangible personal property no matter how it is delivered, and the Department’s bulletin names remote access explicitly. Custom software built to one customer’s specifications is not taxable; software that is not designed for a particular purchaser is.

We passed $500,000 of New York sales. Do we have to register?

Not on dollars alone. A remote seller must register only when, in the preceding four sales tax quarters, it had more than $500,000 of New York sales and more than 100 of them. A SaaS company with $700,000 of New York sales across 40 enterprise customers does not meet the transaction test, unless it has a physical presence, which an employee working in New York is.

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Sources

Checked against each agency’s own page on . Rates and thresholds change, usually on January 1.

General information for US companies, not tax, legal or accounting advice for yours. Rules and thresholds change; confirm the specifics with a CPA or the agency before you act on them.

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