Canada US Withholding taxes computer software

Sep 19, 2016
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US Withholding Taxes

We are considering establishing a US company which will import and resell to US persons a computer software program under terms similar to purchased boxed software under a shrink wrap, with the supplier being located either in Canada, Hong-Kong or the Cayman Islands. I need to determine whether payment to either of these three locations will be subject to US withholding tax or subject to a reduced rate of tax under an income tax treaty, and whether the transaction will be treated as a sale of a copyrighted article rather than the grant of a lease, as illustrated in the software regulations 1.861-18- Classification of transactions involving computer programs. The terms of the software agreement we will be selling are essentially a sale of all substantial rights to use the product (such as purchased boxed software under a shrink-wrap license).



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