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California’s Proposed ‘Journalism Usage Fee’ Would Tax Internet Platforms for Linked News

By Shail Shah on December 20, 2023
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Cyber security and information or network protection. Future cyber technology web services for business and internet project

Table of Contents

  • Key Details of AB 886
  • Industry Reaction
  • Next Steps

California’s proposed legislation, Assembly Bill (AB) 886, aimed at imposing a tax on internet platforms for their use of digital journalism content, has been delayed in the Senate but may resurface in 2024 with potential amendments.

Link to Key Details of AB 886 Key Details of AB 886

The bill would apply to internet platforms with over 50 million monthly users or annual revenues exceeding $550 billion, requiring them to pay a “journalism usage fee” to digital news providers. The fee amount would be determined through a mandatory arbitration process. AB 886 draws parallels to similar taxes in parts of the European Union, Australia, and Canada.

Link to Industry Reaction Industry Reaction

Large media platforms have expressed strong opposition, threatening to remove news services from California rather than comply with the tax, which they view as unfair. Search engines that rely on advertisement revenue have also raised concerns, highlighting that internet platforms substantially drive traffic to local news websites, aiding revenue generation.

Link to Next Steps Next Steps

AB 886, having already cleared the Assembly, is not bound by the Jan. 31 deadline for 2023 bills. The Senate Judiciary Committee has yet to schedule a full hearing and vote on the bill, leaving its future and potential modifications open for discussion in 2024.

Photo of Shail Shah Shail Shah

Shail Shah has been helping clients address California tax problems for more than 15 years. His clients range from Fortune 25 companies to high-net-worth individuals. He focuses his practice on complex California tax planning and representation in front of the California Franchise Tax…

Shail Shah has been helping clients address California tax problems for more than 15 years. His clients range from Fortune 25 companies to high-net-worth individuals. He focuses his practice on complex California tax planning and representation in front of the California Franchise Tax Board (FTB), California Department of Taxation and Fee Administration (CDTFA), Office of Tax Appeals (OTA), Board of Equalization (BOE), and various administrative and judicial adjudicating forums at both the state and local levels. He provides advice on both proactive residency planning and residency audit defense.

Shail’s experience includes working as an attorney at the California Franchise Tax Board (FTB). He utilizes his experience to attempt to turn audits into potential refund opportunities, using tax assessments as openings to persuade state agencies that his clients may be due refunds.

Shail is an Executive Committee member of the Tax Section for the California Lawyers Association (CLA).

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  • Posted in:
    Communications, Media & Entertainment
  • Blog:
    Legacy Advisors
  • Organization:
    Greenberg Traurig, LLP

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