1. (1) "Advertisement" means any written, oral, or graphic statement or representation.
2. (2) "Business entity" means the same as that term is defined in Section 59-6-101.
3. (3) "Gross receipts" means the total amount of consideration received for a transaction, without deduction for the cost of materials, labor, service, or other expenses.
4. (4) "Impression" means a single instance in which targeted advertising is delivered to an audience or individual, regardless of whether the audience or individual interacts with the advertisement.

5. (5) "Targeted advertising" means a transaction in which a business entity:

   1. (a) delivers, by any means, an advertisement to an audience or individual on behalf of an advertiser and in exchange for consideration; and

   2. (b) employs the following practices or features to facilitate the transaction described in Subsection (5)(a):

      1. (i) the business entity sells advertising space to the advertiser through a bidding process;
      2. (ii) the business entity obtains or develops individualized data profiles to deliver the advertisement; and
      3. (iii) an individual to whom the business entity delivers the advertisement has the ability to interface with the advertisement to access information or make a purchase, including through a link or a quick response (QR) code.

6. (6) "Targeted advertising entity" means a business entity:

   1. (a) that during the taxable year:

      1. (i) delivers targeted advertising to an audience or individual located in the state; and

      2. (ii) generates gross receipts of:

         1. (A) $1,000,000 or more derived from targeted advertising in the state, as determined in accordance with Subsection 59-35-201(3); and
         2. (B) $100,000,000 or more derived from all targeted advertising, regardless of location; and
   2. (b) for which the business entity's gross receipts for the taxable year derived from all targeted advertising, regardless of location, constitute 50% or more of the business entity's total gross receipts for the taxable year.

Enacted by Chapter 437, 2026 General Session