Louisiana DOR Issues Sales Tax Guidance on Digital Goods

Louisiana’s sales tax expansion to digital products and services took effect on January 1, 2025. But many sellers were left asking: What exactly counts as a taxable digital product?

Alex_Lamachenka_TaxCloud

Written by Alex Lamachenka

Head of DemandGen

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In August, the Louisiana Department of Revenue released Business Tax Tip #29, a detailed guidance document explaining how the law applies to streaming, SaaS, apps, ebooks, and other digital transactions.

What the Guidance Covers

The Department’s guidance clarifies that sales and use tax applies to a wide range of digital products and services when sold to Louisiana customers, including:

  • Digital products: streaming movies, music, ebooks, audiobooks, apps, games, newsletters, and discussion forums
  • Digital codes: codes that unlock access to downloads, subscriptions, or games
  • Software-as-a-Service (SaaS): charges for access to prewritten software maintained by the seller or a third party (e.g., Office 365, Zoom, Salesforce)
  • Information services: subscriptions to databases, financial ratings, mailing lists, or news services

The rules also spell out exemptions — for example, certain healthcare providers, FDIC-insured financial institutions, and digital tools used directly in commercial production may be excluded from tax.

Why It Matters for Sellers

This guidance matters because it provides practical, real-world examples that answer common seller questions:

  • Is an ebook taxable if sold by a university? (Yes, unless a specific exemption applies)
  • Are in-app purchases taxable? (Yes, if they add digital content or features)
  • Is custom software excluded? (No — custom software is no longer exempt under Louisiana law)
  • Do out-of-state SaaS providers need to comply? (Yes, if sales into Louisiana exceed $100,000 annually)

By clarifying these issues, Louisiana has signaled that enforcement is coming — and sellers can no longer assume digital offerings fall outside tax rules.

Next Steps for Businesses

  • Audit your catalog: Flag digital items, subscriptions, or SaaS services sold to Louisiana customers
  • Update checkout and invoicing: Ensure sales tax is applied consistently across digital transactions
  • Collect exemption certificates where applicable (healthcare, financial institutions, resellers)
  • Monitor sourcing rules: Tax is based on the customer’s location of use or receipt, not the seller’s