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Maryland Tax Court Voids Digital Ad Tax, Orders Refunds to Apple, Google and Peacock TV
The ruling requires Maryland to return more than $400 million collected under the 2021 tax, which targeted large tech companies.
On Friday, the Maryland Tax Court struck down the state's digital advertising tax, ordering refunds to Apple, Google, and Peacock TV for taxes collected under the unconstitutional law.
Enacted in 2021 to fund the Blueprint for Maryland's Future, the Digital Advertising Gross Revenues Tax targeted companies with at least $100 million in global revenue at graduated rates from 2.5% to 10%.
The court found the tax violates the 1998 Internet Tax Freedom Act by discriminating against digital advertising while not taxing similar print, billboard, or television ads equally.
Comptroller Brooke Lierman and legislative leaders said they "respectfully disagree" with the ruling and will pursue judicial review by the circuit court within 30 days.
Policymakers in Illinois and Utah, which adopted similar taxes this year, are monitoring the decision closely as legal experts expect other states will face identical constitutional challenges.