Budget & Taxes (Tax Incentives)

This bill exempts sales tax on enterprise information technology equipment and computer software purchased for use in South Dakota's qualified data centers. It directly affects data center owners, operators, or tenants (referred to as "qualified businesses") who meet specific criteria, such as having facilities classified as real property subject to taxation and equipped with fire suppression systems. The key mechanism requires businesses to submit documentation to the Department of Revenue to verify eligibility and maintain annual certification. To retain the exemption, businesses must also ensure electric service agreements avoid shifting costs to other customers and confirm water usage compatibility with local providers. The tax exemption applies to equipment like servers, cooling systems, power infrastructure, and security systems used exclusively in these facilities.

SB 178 would lower the maximum percentage of a political subdivision's total assessed property value that can be allocated to tax increment financing (TIF) districts. Currently, South Dakota law limits this to 12.5%, but the bill would reduce that cap to a lower percentage. This change directly affects cities, towns, and counties that create TIF districts to fund economic development projects. The bill does not specify the new percentage but would restrict how much property value can be used for TIF initiatives within any given area.

HB 1191 exempts firearm sales from South Dakota's sales tax on or after December 1st each year. The bill directly affects firearm buyers and sellers within South Dakota, applying to all firearms defined under state law (§ 22-1-2). Key provision: it adds a new tax exemption to Chapter 10-45, removing the sales tax obligation for qualifying firearm transactions during this annual period. This is a straightforward tax policy change with no additional requirements or administrative mechanisms.

SB 191 removes the ability for local governments (counties or municipalities) to issue grants as part of a tax increment financing district. The bill amends South Dakota law by deleting the provision that allowed "payments and grants" to be included in "project costs" for these districts. This change specifically eliminates the authorization for governing bodies to use district funds for grants, restricting allowable uses to direct project costs like construction, bonds, or professional services. The bill affects how local governments can fund redevelopment projects within designated tax increment districts.

HB 1005 exempts sales and use taxes on data center equipment and software for businesses operating qualified data centers in South Dakota. It specifically covers servers, cooling systems, power infrastructure, security systems, and related technology used in facilities meeting strict criteria (e.g., built between 2026-2036, meeting fire safety standards). Qualified businesses must verify eligibility with the Department of Revenue and maintain compliance with electric utility agreements and water usage requirements. The tax exemption lasts 50 years from the facility's construction permit date. This directly affects data center operators seeking to reduce operational costs in South Dakota.