bbieron@platformeconomyinsights.com

MD Tax Authority Proposes Digital Ads Tax Rules to Circumvent Federal Ban

Aug 1, 2025

Report from StateAndLocalTax.com

In Brief – The Comptroller of Maryland, the state’s tax authority, has finally issued guidance detailing its position on the application of the state’s landmark Digital Advertising Gross Revenues (DGAR) tax, which was enacted in 2021 and took effect in January 2022. The legislation defines taxable “digital advertising services” as “advertisement services on a digital interface, including advertisements in the form of banner advertising, search engine advertising, interstitial advertising, and other comparable advertising services.” The Comptroller says that covered advertisements must be in a “digital” (i.e., binary digits) format but not necessarily delivered over the Internet. The Comptroller limits the DAGR’s scope by instead requiring that the digital ads be delivered in a “programmatic” manner, meaning “automated”, and “conveyed visually”. Non-programmatic digital advertising services are not taxable. Digital advertisements that are “conveyed in a purely audio format” are also not taxable.

Context – Several US states have explored taxes that aim to replicate the foreign “digital services taxes” (DSTs) that increase taxes on digital giants like Google, Meta, and Amazon. National DSTs emerged in 2020 and have been strongly opposed by President Trump. Maryland was the first US state to try something similar, taxing large online advertising businesses in 2021. On its face, Maryland’s law appears to violate the federal Permanent Internet Tax Freedom Act (PITFA) because offline advertising is not taxed the same way as online ads, and both federal and state judges have found Maryland’s law in violation of PITFA. However, a morass of jurisdictional challenges has tied up the litigation for years and it is currently in the Maryland Tax Court, a state tax administrative body. The latest guidance from the Maryland Comptroller is clearly an effort to circumvent the federal law and satisfy the necessary judges while taxing the desired digital giants. New York, California, Washington State, Rhode Island and Minnesota have pursued their own types of digital taxes and backers call for a coordinated digital ads tax state campaign reminiscent of the successful effort that expanded state sales tax collection to internet-enabled retail.

View By Monthly
Latest Blog
Federal Appeals Court Panel Upholds Florida Teen Social Media Law

Report from the Orlando Sentinel In Brief – A unanimous three-judge panel of the 11th Circuit Court of Appeals panel has ruled Florida’s law restricting minors’ social media accounts is likely constitutional and is allowing enforcement during remaining litigation. The...

The Federal Trade Commission is Investigating Anthropic and OpenAI

Report from the Wall Street Journal In Brief – Federal Trade Commission officials have said that the agency is investigating Anthropic and OpenAI over whether they have deceived consumers about potential harms from AI. The effort has reportedly been underway for weeks...

Polish Antitrust Regulator Presses Google on Media Payments

Report from Digital Watch In Brief – Poland’s competition regulator has opened an investigation of Google that accuses the search giant of abusing its market dominance in negotiations with news publishers over payments for the use of media article snippets in results...

White House SI Force Orders AI Companies to Quickly Report Incidents

Report from Silicon Valley In Brief – The White House, through its recently established Super Intelligence (SI) Force, has demanded “full transparency” and “immediate remediation” after Anthropic disclosed that its AI agents submitted false information to the...

California Enacts Law Regulating AI Use by Employers

Report from CNBC In Brief – California Governor Gavin Newsom (D) has signed SB 947, the No Robo Bosses Act, making California the first state to prohibit employers from relying solely on artificial intelligence to discipline or fire workers. Employers that heavily use...

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