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Is digital advertising taxable in Maryland?

Contested

Maryland imposes a digital advertising gross receipts tax, but its validity is contested. On 2026-08-14 the Maryland Tax Court held it invalid and ordered refunds; the State has sought review.

Short answerTaxed, but held invalid (on appeal)
AuthorityHB 732
Last reviewed2026-09-18

Why

Maryland's digital advertising tax (HB 732) is a gross receipts tax, separate from sales tax, at rates from 2.5% to 10% tiered by global annual gross revenues. It applies only above $100M in global revenue.

The tax has never been sustained on the merits. In Comptroller v. Comcast of California (2023) the Supreme Court of Maryland vacated earlier orders without reaching the merits. On 2026-08-14 the Maryland Tax Court held the tax invalid under the Internet Tax Freedom Act and the Constitution in three companion cases, and the State petitioned for review.

Business vs. consumer buyers

The tax is on the seller of advertising services, measured by its gross receipts. Buyer type does not change it.

Where the line is

How AgentTax classifies digital advertising

Selling digital or targeted advertising: ad space, ad targeting and delivery on digital interfaces. AgentTax does not calculate digital advertising taxes. They are separate gross receipts or excise taxes, not sales tax.

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Frequently asked questions

Is the Maryland digital advertising tax still in effect?
Its validity is contested. The Maryland Tax Court held it invalid on 2026-08-14, and the State has petitioned for review.

Related

Further reading on the AgentTax blog

Sources

This page is for informational purposes only and is not tax, legal, or accounting advice. It reflects AgentTax's current interpretation of evolving law, which can change. Consult a qualified tax professional before making compliance decisions. Positions on this page come from the AgentTax tax policy registry (v1.24.0); see our methodology.