New York 2025-2026 Regular Session

New York Senate Bill S04778

Introduced
2/12/25  
Refer
2/12/25  

Caption

Establishes a tax on annual gross revenue derived from digital ads.

Summary

Bill S04778 proposes to amend New York's tax law by establishing a tax on the annual gross revenues derived from digital advertising services. The bill aims to address the gap in taxation for digital transactions, where consumers often exchange personal information for access to services, which is then monetized through targeted advertising. The proposed tax rate is set at seven percent for companies with annual gross revenues from digital advertising exceeding one hundred million dollars. The bill outlines the definitions, imposition of tax, requirements for filing returns, and penalties for violations.

Impact

If enacted, this bill would create a new revenue stream for the state by taxing digital advertising revenues, which have previously been untaxed. It would require companies generating significant revenue from digital ads to comply with new tax filing and payment obligations, potentially affecting their operational costs. The legislation is expected to align New York's tax framework with modern digital economies, ensuring that digital services contribute to state revenue in a manner similar to traditional businesses.

Sentiment

The sentiment around Bill S04778 appears to be cautiously optimistic among proponents who see it as a necessary step to modernize the tax system and ensure fairness in taxation. However, there may be concerns from digital advertising companies regarding compliance burdens and the potential impact on their business models. The lack of voting history and committee discussions indicates that the bill is still in the early stages of consideration, and further debate is likely as it moves through the legislative process.

Contention

Notable points of contention may arise from digital advertising companies that could argue against the imposition of the tax, citing potential negative impacts on their profitability and operational complexity. Additionally, there may be discussions regarding the threshold for the tax and whether it disproportionately affects smaller digital platforms versus larger corporations. The bill's definition of digital advertising services and the apportionment method for tax calculation may also be debated.

Companion Bills

NY A07805

Same As Establishes a tax on annual gross revenue derived from digital ads.

Previously Filed As

NY A07805

Establishes a tax on annual gross revenue derived from digital ads.

NY H3263

Establishing a tax on local revenues from digital advertising

NY S2017

Establishing a tax on local revenues from digital advertising

NY HB546

Digital Advertising Gross Revenues Tax - Assessments - Appeals and Corrections

NY SB605

Digital Advertising Gross Revenues Tax - Assessments - Appeals and Corrections

NY HB4894

DIGITAL AD TAX ACT

NY SB3353

DIGITAL AD TAX ACT

NY HB4908

Relating to the establishment of the Texas prosperity payout fund; imposing taxes on the gross revenues of and consumption by certain industry participants; authorizing administrative penalties.

NY HB2947

Restricts the use of revenues derived from taxes levied on airports

NY HB2931

Restricts the use of revenues derived from taxes levied on airports

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