Tax Policies on Data Centers

By FOCUS, a Leonine Business

States across the country are taking very different approaches to data center tax policies, with some offering lucrative incentives to attract investment while others move to scale back or eliminate tax breaks altogether. In states like Arizona, Arkansas, California and Illinois, lawmakers are introducing sales and use tax exemptions or expansions for data center equipment, aiming to position their states as hubs for tech infrastructure. Kansas is going even further, proposing significant tax exemptions to companies that commit to a $250 million investment and meet job creation requirements. Hawaii and South Dakota are also leveraging tax credits to encourage infrastructure development, while Maryland and Tennessee are considering policies that allow payment in lieu of taxes (PILOT) agreements to make data centers more financially viable.

On the other hand, some states are actively working to reduce or repeal these incentives, citing concerns over energy consumption, land use and lost tax revenue. In Connecticut, legislators are proposing eliminating tax exemptions for data centers and rolling back incentives that increase electricity demand. Nebraska is considering a similar move, which would eliminate certain sales tax exemptions for the industry. Meanwhile, Virginia is looking to tighten its tax policies, proposing to phase out exemptions for new data centers and set a sunset date on existing incentives by 2025.

The divide in state policy reflects a broader debate on the economic and environmental impact of data centers. While some states see them as a critical driver of job creation and technological advancement, others are weighing the long-term costs of tax incentives and their impact on public resources. As data centers continue to expand nationwide, state governments will play a crucial role in determining whether to embrace or limit their growth through legislative action.

FOCUS will continue to monitor tax policies on data centers in state legislatures across the country.