In a written order issued on October 20, 2022, a Maryland circuit court granted summary judgment against the state of Maryland, ruling that the state’s Digital Advertising Gross Revenues Tax (Digital Ad Tax) is unconstitutional and violates the Internet Tax Freedom Act (ITFA), effectively striking down the tax. The judge’s decision was initially issued as a bench order after a two-hour hearing held on October 17, 2022. The written order states that the Digital Ad Tax violates the ITFA, the First Amendment, and the Commerce Clause.
Source BDO
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