๐ฅ HIGH-INTENT: SAAS & DIGITAL BUSINESS COMPLIANCE
Sales tax and nexus for SaaS is highly state-specific. SaaS taxability varies by state: some states explicitly tax SaaS or digital goods; others treat SaaS as non-taxable services. Local jurisdictions can also tax digital products even if the state does not. Economic nexus (post-Wayfair) means remote SaaS sellers must monitor state-level thresholds (gross revenue or transaction counts) and register where nexus is met. Actionable: run a nexus study, assign product tax codes, register and remit in states where SaaS is taxable or where localities impose tax. State privacy laws are a patchwork โ plan for multi-state compliance. As of 2025 many states have enacted comprehensive privacy laws (CA, VA, CO, CT, UT, and others). These laws share core obligations (consumer rights, data inventories, DSAR processes, security measures) but differ on thresholds, exemptions (B2B, employee data), and timelines. Actionable: maintain a data inventory, map data flows by resident-state, implement DSAR/opt-out processes, update privacy policy and DPAs, and target 45-day response workflows (varies by law). Data breach and security obligations: federal guidance + state-specific notification rules. All US states plus DC and most territories have breach-notification laws; requirements differ on the categories that trigger notice and timing. The FTC provides business guidance on reasonable security measures and breach procedures; HHS governs HIPAA for PHI. Actionable: build an incident response playbook aligned to FTC guidance and state notification thresholds; keep a state-by-state contact list (AG, SOS) and templates for notifications. PCI-DSS, HIPAA, FTC expectations: shared responsibilities. Payment data: SaaS platforms that store/process cardholder data must comply with PCI-DSS; responsibilities are allocated by integration model. HIPAA applies if the SaaS handles PHI. FTC enforces deceptive/unfair practices. Actionable: decide compliance scope (PCI, HIPAA, SOC2), obtain BAAs and PCI controls, and document controls in TOS/Contracts. Beneficial Ownership Information (BOI) โ recent federal update (March 2025). FinCEN issued an interim final rule (Mar 26, 2025) removing the BOI reporting requirement for U.S. companies and U.S. persons. Actionable: verify whether your entity is affected and monitor FinCEN updates; maintain internal BOI records even if federal filing not required.
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