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Multistate Tax  |  May 19, 2023
State Tax Matters
State Tax Matters
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Other/Miscellaneous:
Maryland Comptroller Addresses State High Court’s Digital Ad Gross Revenues Tax Ruling

Maryland Tax Alert: Publication of Digital Advertising Gross Revenues Tax Return, Md. Comptroller (5/10/23). In response to the Maryland Supreme Court vacating the Anne Arundel County Circuit Court’s 2022 decision that Maryland’s novel tax on digital advertising services (i.e., the “Digital Advertising Gross Revenues Tax” or “DAGRT”) violates the US Constitution and federal Internet Tax Freedom Act [see State Tax Matters, Issue 2023-19, for more details on this recent Maryland Supreme Court ruling], the Maryland Comptroller (Comptroller) explains that because the annual return for the DAGRT for tax year 2022 was due on April 17, 2023, any taxpayer who delayed filing a 2022 DAGRT return pending the outcome of the case “should file their return and remit their tax payment as required by statute.” The Comptroller notes that the DAGRT is a separate tax from the income tax, and there is no provision in Maryland law for a six-month filing extension as exists for income taxes; accordingly, interest accrues on unpaid DAGRT from the date the tax is due.

 

See forthcoming Multistate Tax Alert for more details on these recent DAGRT-related developments, and please contact us with any questions in the meantime.

 

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Joe Carr (McLean)

Managing Director

Deloitte Tax LLP

 

Rick Heller (Morristown)

Managing Director

Deloitte Tax LLP

 

Inna Volfson (Boston)

Managing Director

Deloitte Tax LLP

Michael Spencer (Washington, DC)

Manager

Deloitte Tax LLP



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In this issue

California: Comments on Revised Proposed Office of Tax Appeals Rule Changes are Due May 26


Colorado: New and Amended Rules on Foreign Source Income and NOLs are Effective May 30 Iowa: New Law Allows Some Entities to Make a Pass-Through Entity Tax Election Missouri DOR Proposes Recission of Withholding Rule Addressing Pandemic-Related Telecommuting Missouri DOR Adopts Permanent Rule Implementing New Optional Pass-Through Entity-Level Tax New York: Receipts from Certain Buy/Sell Arrangements Cannot be Included in Receipts Factor North Carolina: Trial Court Reverses ALJ Holding that Disallowing Related-Party Deductions was Unconstitutional Tennessee DOR Notices Explain New Law Adopting Single Sales Factor and TCJA Bonus Depreciation


North Dakota: New Law Creates Tax Credit for Some Purchased Manufacturing M&E Used for Automation


Alabama Appellate Court Affirms Dealer’s Sales of Prepaid Wireless Service Plans are Not Taxable Colorado DOR Summarizes New Law Revising Implementation of the Retail Delivery Fee Michigan: Treasury Comments on New Law Expanding Industrial Processing Exemptions as it Relates to Aggregate North Carolina: Facilitation of Money Deposits for Telecom’s Customers is Not Taxable Prepaid Wireless Calling Services Washington: New Law Says State Exemptions, Credits, and Deductions Apply Identically to Local Ones


Delaware: Reminder – Response Deadline for 2023 Unclaimed Property VDA Invitation Letters is May 25 Indiana: New Law Addresses Virtual Currency and Requires its Liquidation Before Filing Report


Maryland Comptroller Addresses State High Court’s Digital Ad Gross Revenues Tax Ruling


Georgia imposes sales tax on certain digital products and decouples from TCJA changes to IRC section 174 Georgia enacts changes to pass-through entity tax Iowa enacts pass-through entity tax election Tennessee enacts several changes to business tax and franchise and excise tax laws Tennessee enacts changes to sales and use tax laws




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