On March 26, 2026, Utah Governor Spencer Cox signed Senate Bill 287 (“S.B. 287”) into law, establishing a new tax on certain businesses engaged in targeted advertising in the state. The tax, which will be levied beginning January 1, 2027, places Utah among a small but growing number of jurisdictions seeking to tax advertising activity. Overview of the Targeted Advertising Tax S.B. 287 imposes an annual tax on businesses that qualify as “targeted advertising entities,”…
On February 6, 2025, Rhode Island lawmakers heard testimony about Rhode Island Governor Daniel McKee’s proposed Digital Advertising Gross Revenue Tax (“RI Ad Tax”). If enacted, the RI Ad Tax, which is included in Governor McKee’s proposed 2026 budget released last month (HB 5076), would be the second of its kind in the U.S. after Maryland’s digital advertising tax. Maryland’s digital advertising tax has been embroiled in litigation since its enactment and we expect the…
On October 17, 2022, a Maryland state judge in the Circuit Court of Anne Arundel County struck down the state’s Digital Advertising Tax (“Digital Ad Tax”) as violating the Internet Tax Freedom Act (“ITFA”) and the Commerce Clause and First Amendment of the U.S. Constitution. Comcast of California/Maryland/Pennsylvania/Virginia/West Virginia LLC, et al. v. Comptroller of the Treasury of Maryland, Case No. C-02-CV-21-000509 (Md. Cir. Ct. Anne Arundel Cnty.). The judge issued her ruling from the…
On March 4, 2022, a federal judge ruled that the federal Tax Injunction Act (“TIA”) bars a challenge to Maryland’s Digital Advertising Gross Revenues Tax (“Digital Ad Tax”) from proceeding in federal district court, but does not bar the plaintiffs from challenging Maryland’s prohibition on passing the tax to a customer “by means of a separate fee, surcharge, or line-item” (the “Pass-Through Prohibition”). Chamber of Commerce of the United States of America v. Franchot, No.…