bbieron@platformeconomyinsights.com

Maryland Tax Court Strikes Down Digital Ads Tax for Violating Federal Law

Aug 29, 2026

Report from MediaPost
In Brief – In a major ruling in a tax law battle stretching more than five years, the Maryland Tax Court has struck down the state’s 2021 law imposing taxes on the digital advertising revenue of large online platforms and ordered the state to issue refunds to the companies. Maryland imposed a tax of 2.5% to 10% on the in-state digital ads revenue of companies with more than $100 million in global revenue, with the rate escalating based on worldwide earnings. The court ruled that the law violated the federal Permanent Internet Tax Freedom Act (PITFA), which bars states from taxing digital services unless similar non-digital services are equally taxed. It also found the law’s exemption for traditional news and broadcast entities violated the First Amendment because its definitions could discriminate based on the content and purpose of speech. Maryland’s Comptroller said she plans to pursue an appeal while opponents said that they warned from early on that state digital taxes clearly violate federal law.

Context – The Maryland digital advertising tax was the first US state effort to replicate the foreign “digital services taxes” (DSTs) targeting digital giants like Google, Meta, and Amazon. Foreign DSTs, which first emerged in Europe in 2020, have been strongly opposed by President Trump and continue to be an issue in ongoing trade battles. Maryland was quickly sued by technology and business trade groups after enacting its digital tax because it seems to clearly violate PITFA by not taxing offline advertising, such as on television, radio, billboards and print mailings, in the same manner as online advertising. Federal and state judges both soon ruled that way, but a morass of venue and jurisdiction battles related to state tax law litigation tied up the case for years. States including WashingtonNew YorkCaliforniaRhode IslandMinnesota and Utah have since pursued their own types of digital taxes, and backers of state efforts are calling for a coordinated multi-state campaign to circumvent PITFA in the manner that the states eventually overcame limits on state sales taxes for online commerce.

View By Monthly
Latest Blog
Federal Trade Commission Proposes Policy on Personalized Pricing

Report from the Washington Post In Brief – The Federal Trade Commission has proposed exposing companies to federal charges if they secretly use personal data to vary prices based on what individual consumers are believed to be willing to pay. FTC Chairman Andrew...

Apple Will Change App Data Use Prompts to Settle German Probe

Report from Euractiv In Brief – Apple has settled an antitrust investigation by Germany’s competition authority by agreeing to redesign privacy prompts that third-party app developers show mobile users when seeking consent to use their data for targeted advertising....

Court Overturns Ban on Perplexity Shopping Agent Accessing Amazon

Report from MediaPost In Brief – A federal district court injunction barring Perplexity's AI shopping agent, Comet, from accessing Amazon has been overturned by an appeals panel of the US Ninth District that found it was unlikely that the AI company would be found to...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required