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appears unlikely in time for the compli- appears the group’s efforts will focus Contributors
ance deadlines beginning with the first on sales and use taxes and an “analysis
estimated tax payment due April 15, of the ways that digital products might Bridget McCann, CPA, is managing
2022. While both suits raise constitu- be defined, categorized, exempted and director of State and Local Tax at Grant
tional issues, a core issue in the taxation sourced.” Thornton LLP in the Philadelphia area.
of “digital advertising” is whether target- However, states are not bound by Jennifer W. Jensen, CPA, is a partner
ing such activity discriminates against the MTC’s recommendations, and, in with PwC in Washington, D.C. Timothy
electronic commerce in violation of the any event, drafting legislative language G. Gorton, J.D., is a director with PwC in
federal Internet Tax Freedom Act, P.L. may not be imminent. In the meantime, Philadelphia. Ferdinand Hogroian, J.D.,
105-277. states are expected to continue to con- is a director with PwC in Albany, N.Y. Ms.
As the litigation continues, aca- sider and adopt legislation expanding McCann is the chair, Ms. Jensen is a past
demics, policymakers, and multistate their sales and use taxation of digi- chair, and Mr. Gorton and Mr. Hogroian
organizations are taking notice of tal products. are members of the AICPA State & Local
the new trends in state taxes and are It remains to be seen whether litiga- Tax Technical Resource Panel. For more
analyzing potential paths forward. The tion and international tax developments information about this column, contact
Multistate Tax Commission (MTC) has will affect state consideration of DSTs. thetaxadviser@aicpa.org.
established a work group “to advise on With 2021 as a guide, it appears likely
the drafting of a white paper” to address this trend will continue as well, at least
state taxation of digital products.14 It for legislative proposals. ■
14. See MTC, Sales Tax on Digital Products, for more information.
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