AI as a Service — Divergent State Tax Approaches and Their Impact
Artificial intelligence as a service is transforming business operations across industries, but its tax treatment remains inconsistent among states. For example, Texas applies sales tax to many AIaaS offerings under its “data processing” framework by taxing 80 percent of the service charge, while Indiana exempts AIaaS entirely as a nontaxable service. These differences have significant implications for deal structuring, compliance risk and valuation in private equity transactions. This article examines Texas’ controversial stance, contrasts it with Indiana’s approach and explains why these distinctions matter for investors and operators.