Is SaaS Taxable in Georgia? 2025 Guide
No, Georgia does not tax SaaS when software is accessed remotely without transfer of title or possession. The Georgia DOR has consistently held that remotely-accessed software is not tangible personal property.
Quick Reference
The Possession Test
Georgia's approach is similar to Florida's: the key question is whether the customer takes "possession" of the software. When software is accessed remotely—without downloading or taking ownership of a copy—no sale of tangible personal property occurs.
Letter Ruling SUT-2012-09-04 specifically addressed "application service provider" (ASP) services and confirmed they are not subject to Georgia sales tax.
When Georgia DOES Tax Software
- Physical media: Software delivered on CD, USB, or other tangible medium
- Downloaded with permanent rights: Software that the customer downloads and keeps permanently (not SaaS)
Georgia Economic Nexus
Georgia uses an OR threshold: $100,000 in sales OR 200 transactions. Either triggers nexus. However, for pure SaaS companies, this nexus threshold is less relevant since SaaS isn't taxable anyway.
If you also sell taxable products (hardware, physical software), you'll need to track nexus for those items.
Growing Market
Georgia, particularly the Atlanta metro area, is a growing tech hub. While SaaS is exempt, understanding Georgia's rules matters if:
- You're considering opening a Georgia office (physical presence)
- You sell any tangible products alongside SaaS
- Your offering could be recharacterized (downloadable vs. hosted)
Selling in Other States?
Georgia is SaaS-friendly, but Texas, New York, and Pennsylvania are not. Check your full exposure.
Start Free AnalysisSources
- Statute: O.C.G.A. §48-8-2 (Definition of tangible personal property)
- Official Guidance: Georgia DOR Administrative Rules
- Georgia LR SUT-2012-09-04 (ASP not taxable)
- Rule 560-12-2-.111 (Computer Software)
- Georgia Dept. of Revenue Policy Bulletin SUT-2019-04
- Last Verified: 2025-12-21