Maryland 2022 Regular Session

Maryland Senate Bill SB723

Introduced
2/7/22  
Refer
2/7/22  
Report Pass
3/16/22  
Engrossed
3/18/22  
Refer
3/18/22  
Report Pass
4/7/22  
Enrolled
4/11/22  

Caption

Sales and Use Tax - Digital Product - Definition

Impact

The enactment of SB 723 will notably impact the taxation landscape for digital products, which has become increasingly relevant as digital transactions grow. By defining which digital products are exempt from sales tax, the bill seeks to reduce ambiguity and ensure fair taxation practices. This clarity is expected to benefit businesses that provide digital goods, potentially fostering growth in the e-commerce sector while simplifying compliance with tax legislation.

Summary

Senate Bill 723 amends the definition of 'digital product' regarding the application of sales and use tax in Maryland. The bill aims to clarify which digital products are subject to this tax, excluding certain products where purchasers have a specific property interest or specific types of computer software. This legislative change is designed to ensure that taxation aligns with the evolving landscape of digital goods and services, providing clearer guidelines for both consumers and businesses engaged in e-commerce.

Sentiment

Overall, sentiment among stakeholders appears generally positive, particularly among technology and e-commerce businesses that welcome the clarification of tax obligations. Supporters argue that the bill aligns taxation policies with modern consumption patterns, thereby supporting digital economy growth. However, there may be concerns from stakeholders regarding the potential loss of tax revenue associated with exempt products, which could generate some debate on the long-term fiscal implications.

Contention

Notable points of contention revolve around the specifics of what constitutes a digital product and the implications of excluding certain items from taxation. Some lawmakers may express concern about the loss of revenue from exempting popular digital goods, while others fear that overly broad definitions could lead to unintentional loopholes that diminish tax compliance. The debate highlights the challenge of balancing innovation in the digital economy with the necessary tax framework to support public services.

Companion Bills

MD HB791

Crossfiled Sales and Use Tax – Digital Product – Definition

Previously Filed As

MD HB791

Sales and Use Tax – Digital Product – Definition

MD HB1294

Artificial Intelligence Tools - Income Tax Credit and Sales and Use Tax

MD HB642

Provides relative to sales and use taxation of certain digital products and services (EG INCREASE GF RV See Note)

MD HB8

Levies sales and use taxes on certain digital products and services (Items #8 and 13) (EN +$37,000,000 RV See Note)

MD HB170

Sales and use tax; taxation of certain digital products and services; provide

MD SB735

Repeal the Netflix Tax Act of 2022

MD SB1283

Sales tax code; state grocery tax exemption; modifying definitions; local sales and use taxes; differential tax dates. Effective date.

MD HB2584

Imposing sales and compensating use tax on digital property and subscription services and providing for the decrease in sales and compensating use tax rates in certain circumstances.

MD HB118

Exempt certain baby products from sales and use tax

MD SB39

Exempt certain baby products from sales and use tax

Similar Bills

No similar bills found.