(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 a sale of custom computer software, regardless of the method transferred or accessed, or a service relating to custom computer software that:
(1) would otherwise be taxable under this title;
(2) is to be used by a specific person;
(3) (i) is created for that person; or
(ii) contains standard or proprietary routines requiring significant creative input to customize, configure, or modify the procedures and programs that are necessary to perform the functions required for the software to operate as intended; and
(4) do not constitute a program, procedure, or documentation that is mass produced and sold to:
(i) the general public; or
(ii) persons engaged in a trade, profession, or industry, except as provided in item (3) of this subsection.
(c) 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.
(d) The sales and use tax does not apply to the use of a taxable service obtained by using a prepaid telephone calling arrangement.
Structure Maryland Statutes
Section 11-201 - Agricultural Purposes and Products
Section 11-201.1 - Sale of Tangible Personal Property Through Bulk Vending Machine
Section 11-204 - Exempt Charitable or Nonprofit Sales
Section 11-208 - Interstate or Foreign Commerce or Use in Another State
Section 11-209 - Casual and Isolated Sale; Distribution or Transfer of Tangible Personal Property
Section 11-210 - Machinery and Equipment
Section 11-212 - Mining Purpose
Section 11-214 - Nonresident Property
Section 11-214.1 - Precious Metal Bullion and Coins
Section 11-215 - Printing Use and Publications
Section 11-216 - Property for Use in Another State
Section 11-217 - Research and Development Purpose
Section 11-218 - Seafood Harvesting Purposes
Section 11-220 - State or Political Subdivision
Section 11-221 - Taxation by Other Law
Section 11-222 - Testing Equipment
Section 11-223 - Transportation Services
Section 11-225 - Computer Programs
Section 11-226 - Appliances Meeting Certain Efficiency Requirements
Section 11-227 - Property or Service Used Directly in Film Production Activity
Section 11-228 - Tax-Free Period
Section 11-229 - Sale of Electricity, Fuel, and Utilities for Production of Snow
Section 11-230 - Sale of Geothermal Equipment or Solar Energy Equipment
Section 11-231 - Lodging at Corporate Training Center
Section 11-232 - Redevelopment Areas
Section 11-233 - Light Rail Transit Vehicle
Section 11-237 - Aircraft Parts and Equipment -- Sales and Use Tax Exemption -- Annual Report
Section 11-240 - Licensed Caterers -- Sales and Use Tax Exemption for Certain Materials Used
Section 11-242 - Sales and Use Tax Exemption in Certain Federal Facilities Redevelopment Areas