Virginia 2023 Regular Session

Virginia Senate Bill SB736

Introduced
1/21/22  

Caption

Sales tax; data center exemption.

Impact

If enacted, this legislation would exempt substantial equipment and software purchases from sales tax for data centers that fulfill specific requirements. The proposal establishes a threshold for capital investment of at least $150 million and mandates the creation of at least 25 new jobs per data center operation, with lower thresholds established for centers located in areas defined as 'distressed localities'. These provisions could potentially lead to increased investment in technology sectors across Virginia, aiming to enhance both job opportunities and economic health in the designated areas.

Summary

SB736 proposes significant changes to the sales tax exemptions applicable to data centers in Virginia. Specifically, it seeks to amend the existing exemption for computer equipment and enabling software used for processing, storage, and retrieval of data. This bill is intended to incentivize economic growth and attract technology-related investments by allowing data center operators and their tenants to claim exemptions if they meet specified criteria. Notably, these criteria include a significant capital investment and job creation within the state.

Conclusion

In summary, SB736 represents a significant push towards bolstering the data center industry in Virginia through tax incentives. Its success will likely depend not only on its implementation but also on the ongoing conversation about economic equity and the support of a diverse range of industries within the state. The debate surrounding this bill may shape future legislative efforts to balance large-scale investments with equitable economic development.

Contention

However, the bill has faced discussion regarding its implications on local economies. Critics argue that the focus on large-scale data centers may overshadow the needs of smaller businesses and other industries that also require support and investment. The requirement for a high level of capital investment could be seen as a barrier for small tech startups or smaller data centers, which may not be able to meet such thresholds. Additionally, there could be concerns about the long-term sustainability of the jobs created and whether they will provide meaningful employment opportunities.

Companion Bills

VA SB736

Carry Over Sales tax; data center exemption.

Similar Bills

VA SB736

Sales tax; data center exemption.

VA HB2334

Retail Sales and Use Tax; exemption for oil and gas drilling equipment, extends sunset provision.

VA SB1294

Retail Sales and Use Tax; removes June 30, 2035, sunset on local exemption for data centers.

VA HB1400

Retail Sales and Use Tax; commercial and industrial exemptions, extends sunset date.

VA SB1001

Retail Sales and Use Tax; exemption for electric utility equipment.

VA HB116

Retail Sales and Use tax; exemption for data centers.

VA SB192

Retail Sales and Use Tax; certain exemption for data centers.

VA HB116

Retail Sales and Use tax; exemption for data centers.