California SB 122 Billing Checklist for SaaS Companies

California SaaS companies have until January 1, 2027.

SB 122 was signed into law on June 29, 2026, and its digital product provisions become operative January 1, 2027. The law expands California's definition of taxable tangible personal property to include qualifying digital products, including prewritten computer software transferred electronically or accessed remotely. For SaaS businesses that have treated many California subscriptions as outside the sales tax base, that changes the billing equation.

Deciding whether to charge tax is the first step, and the shorter one.

Finance and operations teams have to translate the law into product rules, customer data requirements, contracts, exemption procedures, billing configurations, tax registration, and sourcing logic. The California Department of Tax and Fee Administration (CDTFA) published draft emergency regulations on September 1, 2026, held an interested parties meeting on September 10, 2026, and took written comments through September 24, 2026. The regulations were not final as of September 30, 2026.

January 1 is a tax deadline. For your billing system, it is a systems deadline.

What does SB 122 mean for a SaaS billing operation?

The starting point is understanding what has changed.

SB 122 defines a digital product to include prewritten computer software that is transferred on tangible storage media, transferred electronically, or accessed remotely. "Accessed remotely" includes access, for consideration, to prewritten software residing on the vendor's server or a third-party server. That brings many SaaS arrangements directly into the new framework.

At the same time, the law contains important exclusions and exemptions. Custom computer software remains outside the definition of taxable digital products, while certain digitally delivered services involving primarily human effort can qualify for an exemption. The law also excludes categories such as digital books, digital audio works, digital audiovisual works, digital visual works, digital video game products, digital assets, and digital infrastructure from its definition of digital product.

That means your first operational task is not "turn on California sales tax." It is to classify what you actually sell.

Which products and services should your team review first?

Pull your complete California-facing product catalog and identify every revenue stream that could fall within the new definition.

That should include:

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This exercise should produce a taxability matrix that your billing system can actually use, rather than a policy document that sits with the tax team.

That distinction matters. If your product catalog says one thing and your billing system applies another tax treatment, SB 122 compliance will break at the transaction level.

Does your contract language need to change?

Possibly, and this is where finance, tax, legal, and sales operations need to work together.

Review customer agreements, order forms, pricing pages, and renewal templates for language around taxes. California rules already recognize that whether a retailer can add sales tax reimbursement depends on the terms of the agreement of sale.

For SaaS businesses moving into California sales tax collection, review whether contracts:

• Address sales tax and applicable tax reimbursement
• Define whether prices are tax-inclusive or tax-exclusive
• Allocate responsibility for taxes appropriately
• Address customer-provided exemption documentation
• Handle multi-year subscriptions and renewals consistently

The objective is not to add generic "plus applicable taxes" language and move on. Your commercial terms should align with how your billing system will actually calculate and present tax.

How should exemption certificate procedures change?

A new taxable product category also means more customers may ask for exemptions.

Your exemption process should be ready before January, ahead of the first customer who sends your tax team a certificate.

California's new law specifically provides an exemption for certain digital products purchased solely for use outside California or in interstate or foreign commerce. The seller generally carries the burden of proving that the exemption applies unless it obtains the appropriate certificate from the purchaser in the form and manner prescribed by the CDTFA.

Your workflow should therefore answer:

Who can claim an exemption? What documentation is required? Where is it stored? How is it validated? Which transactions does it apply to?

Those answers need to make their way into the billing and customer master data process.

Does your company need to register with the CDTFA?

If your newly taxable California sales create an obligation to collect California sales or use tax, registration needs to be part of the implementation plan.

The CDTFA states that businesses required to collect California sales tax generally need a seller's permit, while out-of-state retailers engaged in business in California must register and collect California use tax on applicable sales.

Do not leave registration until December. Determine your obligation, gather the required business information, and establish the accounts and filing processes your finance team will need.

How should your billing system handle California district taxes?

This may be the most technically important part of the project.

California does not operate with one single sales tax rate. The applicable rate can include the statewide rate, local tax, and district taxes. The CDTFA provides address-based rate lookup tools, and SB 122 specifically applies its sourcing rules to local and district taxes for qualifying digital products.

For remote SaaS transactions, SB 122 sources the sale to the purchaser's known California address in the seller's records, kept in good faith in the ordinary course of business (Revenue and Taxation Code section 6010.5). When the purchaser gave more than one address, the law sets the order: the billing address first, then the shipping or delivery address, then the mailing address tied to the purchaser's payment instrument, then the purchaser's mailing address. If the seller holds no California address for the purchaser, and the sale did not take place in person at the seller's California location, the statute deems the sale to take place outside California.

Multi-location customers get one more document. The CDTFA's draft Regulation 1600.2, published September 1, 2026, would let a purchaser whose users access the software both inside and outside California give the seller a multiple points of use (MPU) certificate. A seller that takes the certificate in good faith is relieved of tax on the share of use outside California, and the purchaser reports the California share using a reasonable, consistent method, such as a count of users by location. The draft is not final, so plan a field on the customer record for the certificate rather than a hard rule.

Your billing system therefore needs more than a California yes/no tax flag.

It needs reliable customer address data, a rule for the no-address case, jurisdiction determination, effective-dated tax rates, a place to store MPU certificates, and sales tax calculation that applies the right state and district tax to each transaction.

What happens when one customer buys more than $5 million?

The tax moves to the buyer. Under Revenue and Taxation Code section 6052, a retailer is relieved of sales tax on digital products transferred electronically or accessed remotely once its gross receipts from those sales to one purchaser exceed $5,000,000 in the aggregate in the calendar year. Section 6201.55 applies the same threshold to use tax. The purchaser then self-assesses and pays use tax directly to the CDTFA on the transaction that crossed the threshold.

The CDTFA's draft Regulation 1600.1, published September 1, 2026, would require that purchaser to hold a use tax direct payment permit or to obtain a waiver from the CDTFA. With a waiver, the retailer stays liable for the tax. The draft is not final.

For billing, that means three things: track cumulative digital product receipts per customer per calendar year, be ready to stop charging sales tax on the transaction that crosses $5 million, and be ready to accept and store a use tax direct payment exemption certificate or a waiver from that customer. Our earlier post covers the $5 million rule in more detail.

What should your SB 122 implementation plan look like?

A practical implementation can be organized into five workstreams:

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The important point is that these workstreams cannot operate independently.

A product classification decision affects billing. Billing depends on customer data. Customer data affects sourcing and exemptions. Registration affects reporting. And all of it ultimately flows into the sales tax return.

What should SaaS companies do now?

Start with the transaction.

Take a representative sample of your California invoices and trace each one through every system: product classification, customer location, exemption status, tax calculation, invoice presentation, general ledger posting, and eventual sales tax reporting.

Then ask a simple question:

If this transaction occurred on January 1, 2027, would our systems calculate and document the right California sales tax without someone manually intervening?

If the answer is no, you have identified your implementation backlog.

The CDTFA's rules are not final. On September 1, 2026, the agency published a discussion paper with draft emergency regulations covering digital product taxability, custom software, the $5 million tax liability threshold, multiple points of use, and purchases solely for use outside California. It held an interested parties meeting on September 10, 2026, and took written comments through September 24, 2026. The agency has also said that some questions will need an industry guide and later rulemaking.

That makes early preparation even more important. Your systems should be designed around the enacted law while remaining flexible enough to accommodate final administrative guidance.

SB 122 needs an operational response

The companies that wait until December to address California SaaS sales tax will be trying to solve tax policy, contracts, customer data, exemption management, registration, billing configuration, and reporting at the same time.

A better approach is to work backward from the January 1 transaction.

Classify the product. Validate the customer. Determine the jurisdiction. Apply the right tax. Document the decision. Feed the result into reporting.

That is what turning SB 122 into an operationally ready sales tax process looks like.

Ready to make your California sales tax implementation easier? CereTax helps SaaS and technology companies automate sales tax calculation, product taxability, exemption management, jurisdiction sourcing, and compliance across complex transaction environments.

Book a Strategy Call with CereTax to review your billing systems and prepare for California's January 1, 2027 sales tax changes.

Note: This article reflects SB 122 (Chapter 23, Statutes of 2026) and the CDTFA discussion paper of September 1, 2026, whose comment period closed September 24, 2026. The emergency regulations were not final as of September 30, 2026, so details may change.