Md. Code Ann., Tax-Gen. § 11-219
Certain services and software contracts
Effective Jul 1, 2025Added as Tax-General § 11-218 by Acts 1988, c. 2, § 1, eff. Jan. 1, 1989. Renumbered as Tax-General § 11-219 by Acts 1988, c. 337, § 1. Amended by Acts 1992, 1st Sp. Sess., c. 1, § 2; Acts 1995, c. 129, § 1, eff. July 1, 1995; Acts 1999, c. 688, § 1, eff. Jan. 1, 2000; Acts 2007, 1st Sp. Sess., c. 3, § 3, eff. July 1, 2008; Acts 2008, c. 10, § 3, eff. July 1, 2008; Acts 2021, c. 669, § 1, eff. May 30, 2021; Acts 2025, c. 604, § 4, eff. July 1, 2025.State of Maryland
(a) The sales and use tax does not apply to a personal, professional, or insurance service that:
- (1) is not a taxable service; and
- (2) involves a sale as an inconsequential element for which no separate charge is made.
- (b) The sales and use tax does not apply to the sale of an optional computer software maintenance contract if the buyer does not have a right, as part of the contract, to receive at no additional cost software products that are separately priced and marketed by the vendor.
- (c) The sales and use tax does not apply to the use of a taxable service obtained by using a prepaid telephone calling arrangement.
(d)
(1)
- (i) In this subsection the following words have the meanings indicated.
- (ii) “Cloud computing” means a service that enables on-demand, self-service network access to a shared pool of configurable computer resources, including data storage, analytics, commerce, streaming, e-mail, document sharing, and document editing.
- (iii) “Qualified cybersecurity business” means an entity organized for profit that is engaged primarily in the development of innovative proprietary cybersecurity technology or the provision of cybersecurity services.
- (2) The sales and use tax imposed on a taxable service described under § 11-101(m)(14) or (15) of this title does not apply to a sale of cloud computing to a qualified cybersecurity business.
Added as Tax-General § 11-218 by Acts 1988, c. 2, § 1, eff. Jan. 1, 1989. Renumbered as Tax-General § 11-219 by Acts 1988, c. 337, § 1. Amended by Acts 1992, 1st Sp. Sess., c. 1, § 2; Acts 1995, c. 129, § 1, eff. July 1, 1995; Acts 1999, c. 688, § 1, eff. Jan. 1, 2000; Acts 2007, 1st Sp. Sess., c. 3, § 3, eff. July 1, 2008; Acts 2008, c. 10, § 3, eff. July 1, 2008; Acts 2021, c. 669, § 1, eff. May 30, 2021; Acts 2025, c. 604, § 4, eff. July 1, 2025.
Formerly Art. 81, §§ 326, 375.