Overview of the targeted advertising tax
Senate Bill 287 creates a new tax on ‘targeted advertising entities’ that deliver paid advertisements to individuals or audiences in Utah using data-driven targeting methods, effective Jan. 1, 2027.
‘Targeted advertising’ includes the following:
- A business entity selling advertising space to an advertiser through a bidding process
- The business entity obtains or develops individualized data profiles used to deliver the advertisement, and
- The individual to whom the business entity delivers the advertisement can interact with the advertisement to access information or make a purchase, including through a link or a quick response (QR) code.
An entity is subject to the Utah targeted advertising tax if the entity:
- Delivers targeted advertising in Utah
- Has at least $1 million of gross receipts from targeted advertising delivered in Utah during the taxable year
- Has at least $100 million of total worldwide gross receipts from targeted advertising, and
- Derives 50% or more of its total gross receipts from targeted advertising activities, regardless of location
These requirements generally align the tax with large digital advertising platforms, similar to the Maryland digital advertising tax, which also uses $1 million state-level and $100 million global gross receipts thresholds.
Tax base and administration
The tax base is the product of the entity’s worldwide gross receipts from targeted advertising and the ratio of impressions from targeted advertising delivered in Utah to the total number of advertising impressions delivered regardless of location. An ‘impression’ is a single instance in which targeted advertising is delivered to an audience or individual, regardless of interaction with the advertisement.
The Utah State Tax Commission is responsible for adopting rules and procedures to implement and administer the tax, including registration, reporting, collection and enforcement.