South Dakota 2022 Regular Session

South Dakota Senate Bill SB157

Introduced
1/27/22  
Refer
1/27/22  
Report Pass
2/9/22  
Report Pass
2/14/22  
Engrossed
2/15/22  

Caption

Exempt the sale of certain goods related to information technology from a gross receipts tax.

Impact

If enacted, SB157 would lead to significant changes in state tax law by removing tax burdens on businesses involved in the information technology sector. The legislation could potentially attract more companies to set up their operations in the state, thereby enhancing local employment opportunities and boosting the economy. Such tax exemptions are expected to encourage businesses to invest in infrastructure and technology, which are critical as digital transformation accelerates across industries.

Summary

Senate Bill 157 aims to exempt the sale of specific goods related to information technology from a gross receipts tax, targeting sales that exceed two million dollars annually for use in qualified data centers. The bill identifies 'qualified data centers' as facilities equipped with sufficient infrastructure to manage data efficiently, including uninterrupted power supplies and robust security systems. The primary intention behind this legislation is to foster economic growth by incentivizing the establishment and operation of data centers in South Dakota, which can be essential in supporting the growing IT industry.

Sentiment

The sentiment surrounding SB157 appears to be largely positive among supporters, including members of the business community and those advocating for technological innovation in South Dakota. Proponents argue that the bill will help create a competitive environment for data centers, making the state a desirable location for tech firms. However, there may also be concerns among fiscal conservatives about the long-term implications of tax exemptions on state revenue and public services.

Contention

A notable point of contention relates to the threshold of two million dollars for tax exemption eligibility, which some may argue disproportionately benefits larger corporations over smaller entities, potentially discouraging a diverse range of IT businesses from entering the market. Additionally, the requirements for obtaining tax exemptions, such as certification from the Department of Revenue to confirm the status of a qualified data center, could pose bureaucratic challenges that small businesses might struggle to navigate.

Companion Bills

No companion bills found.

Previously Filed As

SD SF3332

Sales and use tax exemptions elimination, gross receipts tax on various services imposition

SD SB177

Provide a sales and use tax refund for goods and services related to data center operations.

SD SB165

Exempt gross receipts of certain coaches from certain gross receipts taxes.

SD HB1245

Exempt from the state sales and use tax gross receipts for certain services to a partnership.

SD SB104

Reduce certain gross receipts tax rates and a use tax rate, and to repeal a conditional reduction of certain gross receipts tax rates.

SD SB112

Reduce certain gross receipts tax rates and a use tax rate, and to repeal a conditional reduction of certain gross receipts tax rates.

SD HB1137

Reduce certain gross receipts tax rates and a use tax rate, and to repeal a conditional reduction of certain gross receipts tax rates.

SD HF4929

Data center sales and use tax exemption modified.

SD HB1644

Equipment used in the deployment of broadband technologies; revise certain provisions regarding tax exemptions.

SD SB164

Lower the state sales tax rate and the state use tax rate on food to zero percent, and to increase certain gross receipts tax rates, excise tax rates, and use tax rates.

Similar Bills

No similar bills found.