Judge Strikes Down Maryland’s Digital Advertising Tax – Conduit Street – Conduit Street

This week, An Anne Arundel County Circuit Court judge struck down Maryland’s first-in-the-nation digital advertising tax. Judge Alison Ali held that the law violates the Commerce Clause of the US Constitution, the federal Internet Tax Freedom Act (ITFA), and the First Amendment.

Lawmakers estimated the law would raise $250 million annually from massive corporations and advertisers like Google and Facebook to help fund the Blueprint for Maryland’s Future, a multi-year, multi-billion dollar investment in Maryland schools.

Enacted by the General Assembly in February 2021 following an override of a veto by Governor Larry Hogan, the digital advertising services tax applies to annual gross revenues derived from digital advertising services in Maryland by businesses with at least $100 million in global annual gross revenues. The tax rate ranges from 2.5 to 10 percent, depending on the global annual gross revenues of the business.

Digital advertising services are “advertisement services on…

Read Full Story: https://conduitstreet.mdcounties.org/2022/10/20/judge-strikes-down-marylands-digital-advertising-tax/

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