On April 13, 2020, legislation (S.8166) was introduced in the New York State Senate that would expand the sales tax base to digital advertising services. “Digital advertising services” is defined as “advertisement services on a digital interface, including advertisements in the form of banner advertising, search engine advertising, interstitial advertising, and other comparable
Digital Economy
South Carolina Issues PLR Guidance Finding Car Rental Company Responsible for Sales Tax
By Jonathan Feldman on
Posted in Digital Economy
On March 31, the South Carolina Department of Revenue issued a private letter ruling (PLR) finding that a car rental company in the state is responsible for sales tax on short-term rentals because it qualifies as a marketplace facilitator. The DOR determined that the company was a marketplace facilitator because it operates on a website…
Utah Governor Signs Amendment for Sales and Use Tax Exemptions
By Jonathan Feldman on
Posted in Digital Economy
The Utah Governor signed a law amending sales and use tax exemptions in relation to certain data centers on March 31, 2020. S.B. 114 includes several measures including the definition of a qualifying data center for purposes of the Sales and Use Tax Act; the exemption for an occupant of a qualifying data center for…
Illinois Supreme Court will not review Chicago streaming tax
By Jonathan Feldman on
Posted in Digital Economy
In 2015, Chicago expanded its 9% “amusement tax” to reach amusements that are delivered electronically. In September , 2019, an Illinois appellate court held in Labell v. City of Chicago that the new streaming tax complied with the state constitution and did not violate the Internet Tax Freedom Act. On March 25, 2020, the Illinois…
Florida appellate court rules vacation rental platforms not obligated to collect local lodging tax
By Jonathan Feldman on
Posted in Digital Economy
In Gannon v. Airbnb, Inc., a Florida appellate court held that vacation rental platforms are not required to collect local lodging tax. The ruling reasons that the tax is imposed on the owner of the property, and vacation rental platforms are “conduits,” not owners. A dissenting opinion analogized rental platforms to property managers, which…
10 Things You Need to Know About the Maryland Digital Advertising Tax
Posted in Digital Economy
On a recent podcast, our State and Local Tax team discussed the Maryland digital advertising tax, which proposes a first of its kind state tax on digital advertising imposed on gross revenues of up to 10%. The bill awaits Governor Larry Hogan’s signature – and he is expected to veto it.
Here are…
Podcast: Maryland’s digital ad tax – everything you need to know in 10 Minutes
Posted in Digital Economy, Podcast
This podcast discusses the recently passed Maryland digital advertising tax, which proposes a first of its kind state tax on digital advertising imposed on gross revenues of up to 10%. The bill awaits Governor Larry Hogan’s signature – and he is expected to veto it. Our State and Local Tax team provides a ten…
Maryland Passes Digital Advertising Service Tax
Posted in Digital Economy
Earlier today, the Maryland legislature passed H.B. 732, which proposes a first of its kind Digital Advertising Gross Revenues Tax. The legislature also passed H.B. 932, which would expand Maryland’s sales tax to sales of digital products (both downloads and streaming). The bills will now be sent to Governor Hogan for signature or veto.…
A Night to Forget: Maryland’s Digital Advertising Services and Digital Products Tax Proposals Move Closer to Passage
By Jeffrey Friedman & Charles Capouet on
Posted in Digital Economy, In the News
During the evening of St. Patrick’s Day, the Maryland State Senate passed on third reading (i.e., a floor vote) H.B. 732, which would impose a new Digital Advertising Gross Revenues Tax and H.B. 932, which would expand Maryland’s sales tax to digital products, including streaming. H.B. 732 passed by a vote of 29-16, and…
Legal Alert: New York Senate introduces digital advertising tax bill
On March 13, 2020, New York State Senator and Deputy Majority Leader Michael Gianaris (Democrat) introduced New York S.8056, which would establish a tax on a digital advertiser’s annual gross revenues derived from digital advertisements in the state.
New York’s proposed digital advertising tax is very similar to the tax proposed in Maryland.…