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U.S. District Court for the District of Maryland

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District Court dismisses First Amendment challenge to Maryland’s pass-through prohibition for its digital services tax

July 03, 2024

Opinion

U.S. Chamber and co-plaintiffs file supplemental response brief on the meaning of the pass-through provision of Maryland’s Digital Advertising Services Tax Act

April 08, 2024

Chamber Supplemental Brief

U.S. Chamber and co-plaintiffs file supplemental brief on the meaning of the pass-through provision in Maryland’s Digital Advertising Services Tax Act

March 29, 2024

Chamber Brief

The provision states that taxpayers "may not directly pass on the cost of the tax imposed under this section to a customer . . . by means of a separate fee, surcharge, or line-item.”  We argue that this provision is an unconstitutional restriction on taxpayer speech.

Michael B. Kimberly, Stephen P. Kranz, and Charles Seidell of McDermott Will & Emery LLP served as outside counsel.

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