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A Deep Dive into the Maryland Digital Advertising Tax Ruling

08.30.2026 | Duration: 24:54

On this TWIST podcast learn why the Maryland Tax Court held that the state's digital ad tax was unconstitutional and what it means for other states.

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A recent Maryland Tax Court decision has the state tax community buzzing after it ruled that the state's tax on digital advertising services is unconstitutional, violating the Internet Tax Freedom Act (ITFA) and the U.S. Constitution's Dormant Commerce Clause.

On this TWIST podcast, host Harley Duncan and special guest Jeff Cook, both from KPMG's Washington National Tax practice, explore the details of this landmark decision. They discuss the structure of the tax, the court's methodical analysis, and why it was found to be discriminatory against electronic commerce and unfairly apportioned. The conversation also touches on the broader implications for other states that have enacted or are considering similar taxes on digital services.

Meet our podcast team

Image of Harley T. Duncan
Harley T. Duncan
Consultant to KPMG
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Image of Harley T. Duncan

Harley T. Duncan

Consultant to KPMG

Harley T. Duncan is a consultant to the KPMG State and Local Tax practice. He joined KPMG in 2008 and served as leader of the Washington National Tax State and Local Tax Group through 2021. Harley spent the previous 20 years as Executive Director of the Federation of Tax Administrators and has worked with Kansas and South Dakota state governments. He focuses on sales, use and excise taxes as well as matters of state tax policy and tax administration and assists KPMG with the weekly This Week in State Tax (TWIST) publication and podcast series.

Image of Jeffrey M Cook
Jeffrey M Cook
Managing Director, Tax, KPMG US

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