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Data Center Tax Breaks, Explained: What Towns Give Up and What They Get

September 7, 2026 · Architect Digital · Tax Breaks

When a company proposes a large data center in a small county, one of the first documents that changes hands is not a blueprint. It is a tax deal. The company asks the state or the county to skip some of the taxes it would normally pay, and in return it promises to build. That trade sits at the center of almost every local fight over data centers, and it is often the part residents understand the least.

This post explains what those tax breaks are, in plain words. It covers why states and towns offer them, the three common forms they take, what a community hopes to get back, and why critics say the math often does not add up. Data centers are large buildings full of computers that store and process the information behind websites, apps, streaming, and artificial intelligence. They draw enormous amounts of electricity and water, which is why they draw crowds to town-hall meetings.

What a Tax Break Actually Is

Start with the two taxes that matter most here.

A property tax is the yearly tax an owner pays on land and buildings. It is the money that funds local schools, roads, and fire departments in most American counties. A big building on expensive land generates a big property tax bill.

A sales tax is the tax added when someone buys something. A data center buys a staggering amount of equipment, the racks of computers and cooling gear inside the building, and that hardware gets replaced every few years. Normal sales tax on hundreds of millions of dollars of equipment adds up fast.

A tax break, also called a tax incentive, is a government's decision to collect less of one of those taxes than it otherwise would, in order to attract a project. A tax abatement is the specific version where a government reduces or cancels a tax bill for a set number of years. "Abate" just means to lessen. So a ten-year property-tax abatement means the company pays little or no property tax for ten years, then starts paying the full amount.

Why States and Towns Offer Them

The short answer is competition. Data centers can be built in many places, and states know it, so they use tax breaks to win the project.

By the winter of 2024 to 2025, at least 36 states had passed some form of data center incentive into law, according to Good Jobs First, a nonprofit that tracks economic-development subsidies. Once a handful of states offer a break, the rest feel pressure to match it or lose the construction to a neighbor. A local official weighing one of these deals is often comparing not "data center versus no data center" but "our county versus the county one state over."

The pitch to residents is usually the same everywhere. A data center is a large private investment on land that may currently generate little tax. Even a reduced tax bill, the argument goes, is more than the county collects today, plus construction jobs and spending along the way.

The Three Common Forms

Tax breaks for data centers usually take one of three shapes. A single project can involve more than one.

Sales-tax exemptions on equipment. This is the most common state-level break. The state agrees not to charge sales tax on the computers and gear a data center buys. Because that equipment is so expensive and gets replaced often, the exemption is worth a great deal over time.

Kansas offers a clear, recent example. In April 2025 the governor signed Senate Bill 98, which grants a qualifying data center a 100 percent exemption from state and local sales tax for up to 20 years. To qualify, a company must invest at least $250 million and create at least 20 new jobs within two years, among other conditions. That pairing, a very large exemption tied to a modest permanent-jobs requirement, is typical of these laws and is exactly the pairing critics point to.

Property-tax abatements. Here a county or city reduces the yearly property-tax bill on the data center for a set number of years. Because property tax is the main funding source for local schools and services, this is the break that hits a community's own budget most directly, rather than the state's.

PILOT agreements. PILOT stands for "payment in lieu of taxes," meaning a payment instead of taxes. It is a structured way to deliver a property-tax break. In a common version, the company hands the title of the property to a local government body, which then leases it back to the company. Because government-owned property is exempt from property tax, the company owes no ordinary property tax, and instead pays a negotiated fee that is often far smaller than the tax would have been. After the agreement ends, the title returns to the company and full property taxes resume. The appeal to a county is a predictable yearly payment; the criticism is that the payment can amount to a small fraction of the normal bill.

What a Town Hopes to Get

Supporters of these deals, including many county officials and economic-development boards, point to three things.

The first is construction. Building a data center campus is a large, multi-year job that employs electricians, concrete crews, and equipment suppliers, and pumps money into local businesses while the work lasts.

The second is property tax over time. Even under an abatement or a PILOT, a data center eventually adds a large taxable building to the rolls, and some deals collect reduced payments in the meantime. A 2024 study by Virginia's Joint Legislative Audit and Review Commission, the state legislature's own research arm, found the industry contributes roughly $9.1 billion a year to Virginia's economy, the largest data center market in the country.

The third is permanent jobs, though this is the smallest piece. A finished data center is highly automated and runs with a relatively small staff of technicians and security. The Virginia study found that most of the roughly 74,000 jobs the industry supports in the state come during construction, not from running the finished buildings.

Why Critics Say the Math Falls Short

The central criticism is a mismatch: a large, long public cost for a small number of permanent jobs.

Because sales-tax exemptions scale with how much equipment a company buys, the cost to government grows as the industry grows, and it grows quietly. Good Jobs First reported that among the 20 states that disclose at least some annual cost, 10 had data center subsidy programs costing more than $100 million a year each. In Virginia, the state's own biennial report put the cost of the data center sales-tax exemption at about $1.9 billion in fiscal year 2025, counting state and local sales tax.

That does not settle whether a given deal is worth it, and Virginia's own auditors offered a point for the other side. The JLARC study found the state took in about 48 cents of new revenue for every dollar of sales tax it did not collect on data centers between 2014 and 2023, better than the roughly 17 cents it saw on average from other industries with sales-tax exemptions. Whether that is a good return is a judgment call, and it is the judgment local votes turn on.

A second criticism concerns the fiscal note. A fiscal note is the official cost estimate that government staff attach to a proposed law or deal, meant to tell decision-makers what it will cost. Critics, including Good Jobs First, argue these estimates often understate the true long-run cost, because an open-ended exemption keeps costing money as the industry expands in ways the original note did not model. When the actual cost later comes in far above the estimate, residents feel misled, and that feeling shows up at the next meeting.

Why It Becomes a Local Flashpoint

Tax breaks turn abstract objections into a concrete number a resident can argue about. Concerns about power draw, water use, and noise are real, but hard to price. A tax abatement is a dollar figure on a page, and it is the figure that shows up on a ballot or a county agenda.

The politics do not fall along tidy party lines. In Georgia in 2024, the legislature passed House Bill 1192, which would have paused new data center sales-tax exemptions for two years while the state studied their effect on the power grid. Republican Governor Brian Kemp vetoed it in May 2024, writing that an abrupt halt would undermine investments companies had made in reliance on an extension the legislature itself had passed two years earlier. Republican legislative leaders had backed the pause, and environmental groups criticized the veto. The fight was over the tax break, and it split people who normally vote together.

That pattern repeats. States that once competed to offer the most generous breaks are now revisiting them as electricity bills rise and the public cost becomes clearer, a shift documented across several statehouses. For a resident, the takeaway is simpler: when a data center is proposed nearby, the tax deal is usually the most negotiable part, and the part where public comment carries the most weight.

The Bottom Line

A data center tax break is a trade. A community gives up tax revenue for a set number of years, and hopes to get back construction spending, a smaller number of lasting jobs, and eventually a large building on its tax rolls. Whether that trade is worth it depends on the terms, the local budget, and numbers that are often disputed. The deal is written in public documents and decided in public meetings, which is why the tax break, more than the power lines or the cooling towers, is usually where the fight actually happens.

FAQ

What is a data center tax break?

It is a government's decision to collect less tax than usual from a data center in order to attract the project. The most common forms are an exemption from sales tax on the center's equipment, a reduction of its yearly property tax, or a PILOT agreement that replaces property tax with a smaller negotiated payment.

Why do data centers get tax breaks at all?

Because states compete for them. Data centers can be built in many locations, so states offer incentives to win the construction and investment. At least 36 states had some form of data center incentive in law as of the winter of 2024 to 2025, according to Good Jobs First.

What is a PILOT agreement?

PILOT means "payment in lieu of taxes," a payment instead of taxes. A local government takes title to the property so it is exempt from property tax, then leases it back to the company, which pays a negotiated fee that is usually much smaller than the normal property-tax bill. Full taxes resume when the agreement ends.

Do data centers create a lot of permanent jobs?

Most of the jobs come during construction. A finished data center is highly automated and runs with a small permanent staff. Virginia's 2024 legislative study found most of the jobs tied to the industry there come from building the facilities, not operating them.

Are these tax breaks a good deal for a community?

That is exactly what local votes decide, and honest people disagree. Supporters point to construction spending and long-run property tax; critics point to a large public cost for few permanent jobs. Virginia's own auditors found the state recovered about 48 cents per dollar of forgone sales tax, better than other exemptions but still a net cost.

Sources

  1. Good Jobs First, "Cloudy with a Loss of Spending Control: How Data Centers Are Endangering State Budgets." https://goodjobsfirst.org/cloudy-with-a-loss-of-spending-control-how-data-centers-are-endangering-state-budgets/
  2. Sales Tax Institute, "Kansas Enacts 100% Sales & Use Tax Exemption for Data Centers Under SB-98." https://www.salestaxinstitute.com/resources/kansas-data-center-sales-tax-exemption-sb98
  3. Husch Blackwell, "Kansas Enacts 20-Year Sales Tax Exemption for Data Centers." https://www.huschblackwell.com/newsandinsights/kansas-enacts-20-year-sales-tax-exemption-for-data-centers
  4. Good Jobs First, "Property Tax Breaks for Data Centers, Let Us Count the Ways." https://goodjobsfirst.org/property-tax-breaks-for-data-centers-let-us-count-the-ways/
  5. Joint Legislative Audit and Review Commission, "Data Centers in Virginia" (2024). https://jlarc.virginia.gov/pdfs/reports/Rpt598.pdf
  6. Virginia's Biennial Data Center Retail Sales and Use Tax Exemption Report put the fiscal year 2025 cost at about $1.9 billion counting state and local sales tax (the state-only figure is about $1.6 billion). The Commonwealth Institute, "Virginia's Data Center Tax Debate." https://thecommonwealthinstitute.org/tci_blog/virginia-data-center-tax-exemption/ ; The Register, "Virginia's data center tax breaks cost state $1.6B in 2025." https://www.theregister.com/2026/01/07/datacenter_tax_breaks_virginia/
  7. Governing, "Virginia's Data Center Tax Breaks Cost the State $1 Billion." https://www.governing.com/infrastructure/virginias-data-center-tax-breaks-cost-the-state-1-billion
  8. Georgia Recorder, "Governor vetoes pausing data center tax breaks, homestead exemption bump and higher ed assistance," May 8, 2024. https://georgiarecorder.com/2024/05/08/governor-vetoes-tax-breaks-for-data-centers-homestead-exemption-increase-and-higher-ed-assistance/
  9. Georgia Public Broadcasting, "Georgia lawmakers vowed to restrain tax breaks. But the governor's veto saved a data-center break," May 9, 2024. https://www.gpb.org/news/2024/05/09/georgia-lawmakers-vowed-restrain-tax-breaks-the-governors-veto-saved-data-center
  10. Stateline, "Data center tax breaks are on the chopping block in some states," February 24, 2026. https://stateline.org/2026/02/24/data-center-tax-breaks-are-on-the-chopping-block-in-some-states/

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