New State Digital Ad Taxes? Will Maryland’s Take Effect? Which States Will Follow? Litigation Guaranteed!


On March 18, 2020, Maryland legislature sent a massive new tax on digital advertising services to Governor Hogan for consideration. The tax imposes a rate of up to 10% on annual gross revenue in the state derived from digital advertising services. It is imperative that companies know how broadly this will apply.

This tax is on a sliding scale based on companies’ global revenues and would take effect with tax year 2021. There are many legal problems with the legislation, including the violations of the Internet Tax Freedom Act, the Commerce Clause and the First Amendment. Other states have considered and are considering similar proposals.

Know what legal challenges can be made and how to protect your company from the unlawful reach of such laws.

If you have any questions, please contact Callie Forkenbrock.

McDermott Will & Emery’s Inside SALT blog provides in-depth coverage of the issues surrounding constantly changing state and local tax laws, and offers clarity to the particular state and local tax concerns that may impact your business.

CLE Credit is pending in California, Illinois, New York, and Texas. A uniform Certificate of Attendance will be made available to participants requesting CLE Credit in all other states. CPE Credit will also be available.

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