On February 6, 2025, Rhode Island lawmakers heard testimony about Rhode Island Governor Daniel McKeeâs proposed Digital Advertising Gross Revenue Tax (âRI Ad Taxâ).  If enacted, the RI Ad Tax, which is included in Governor McKeeâs proposed 2026 budget released last month (HB 5076), would be the second of its kind in the U.S. after Marylandâs digital advertising tax. Marylandâs 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 stateâs Digital Advertising Tax (âDigital Ad Taxâ) as violating the Internet Tax Freedom Act (âITFAâ) 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 (âTIAâ) bars a challenge to Marylandâs Digital Advertising Gross Revenues Tax (âDigital Ad Taxâ) from proceeding in federal district court, but does not bar the plaintiffs from challenging Marylandâs prohibition on passing the tax to a customer âby means of a separate fee, surcharge, or line-itemâ (the âPass-Through Prohibitionâ). Chamber of Commerce of the United States of America v. Franchot, No.…
Connecticut legislative leaders recently announced support for a digital advertising tax (âConnecticut Digital Advertising Taxâ) proposed by the Connecticut Joint Committee on Finance, Revenue and Bonding (the âFinance Committeeâ). Connecticut joins Maryland, Massachusetts, New York, and Texas, among others, as states with concrete digital advertising tax proposals on the table (and in Marylandâs case, an enacted law).