ArkansasHB14442025 Regular SessionHouse

TO AMEND THE SALES AND USE TAX EXEMPTION FOR DATA CENTERS.

Sponsored By: Jonathan Dismang (Republican), Aaron Pilkington (Republican)

Enacted

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 1 costs, 0 mixed.

Data centers get broader tax breaks

Certified Arkansas data centers pay no sales or use tax on eligible equipment, project and operating costs, services, and electricity. Equipment includes servers, software, networking, power and cooling systems, water-saving systems, security systems, cabling, and related labor. Purchased or leased equipment qualifies for immediate or future Arkansas use, but equipment used for facility administration is excluded. Eligible costs include land, buildings, equipment, leases, permits, site assessments, engineering, and design used directly and only for the center. Firms apply to the Department of Finance and Administration, which certifies eligible facilities and issues financial incentive certificates. The department must decide complete applications within 30 days. Applicants have 15 days to fix incomplete applications and keep their original application date. These rules start on the first day of the calendar quarter after the act takes effect.

Large data centers gain tax eligibility

The law creates a large-data-center category covering networked servers at two or more nonadjacent locations connected by fiber. It includes equipment connecting those sites and linking the firm's fiber network to internet connection points. The owner or operator must be a for-profit data processing, storage, and distribution business subject to Arkansas taxes. The firm must invest at least $2 billion within ten years after construction starts. It must pay at least $3 million in total annualized compensation during the two calendar years following the year operations start. Pay must cover services performed in Arkansas, and contractor pay counts. The center needs a positive Arkansas Economic Development Commission review and cannot mainly record virtual-currency transactions on a shared digital ledger.

More data centers qualify for tax relief

The law lowers the data center investment requirement from $500 million to $100 million within five years after construction starts. A center must house networked servers at one location or multiple adjacent locations. Its owner or operator must be a for-profit data processing, storage, and distribution business subject to Arkansas taxes. The firm must pay at least $1 million in total annualized compensation during the two calendar years after operations begin. Those two years follow the calendar year operations start; pay must cover services performed in Arkansas, and contractor pay counts. The center needs a positive review of costs and benefits from the Arkansas Economic Development Commission. It cannot mainly add virtual-currency transactions to a shared digital ledger.

Data centers face tax break revocation

Certified firms must report yearly that their centers meet the investment and compensation requirements for the preceding calendar year. The state must revoke certificates when annualized compensation falls below $1 million for regular centers or $3 million for large centers. A large center also loses its certificate if it fails the $2 billion investment requirement. A site within that large center keeps eligibility through separate certification when it independently meets the regular data center requirements. The state can update certification when added facilities bring a center into the large-data-center category.

Sponsors & Cosponsors

Sponsors

  • Jonathan Dismang

    Republican • Senate

  • Aaron Pilkington

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 171 • No: 30

House vote • 4/7/2025

House Vote - Monday, April 7, 2025 2:35:14 PM

Yes: 76 • No: 9 • Other: 5

Senate vote • 3/31/2025

Senate Vote - Monday, March 31, 2025 4:01:33 PM

Yes: 24 • No: 4

House vote • 3/10/2025

House Vote - Monday, March 10, 2025 2:17:54 PM

Yes: 71 • No: 17 • Other: 11

Actions Timeline

  1. Notification that HB1444 is now Act 548

    4/10/2025House
  2. Correctly enrolled and ordered transmitted to the Governor's Office.

    4/8/2025House
  3. TO BE ENROLLED

    4/7/2025House
  4. Senate amendment # 1 read and concurred in.

    4/7/2025House
  5. Returned by the Committee with the recommendation that it do pass, concur in Senate Amendment No. 1

    4/3/2025House
  6. Re-referred to the Committee on REVENUE & TAXATION- HOUSE

    3/31/2025House
  7. Returned from Senate as passed, as amended # 1

    3/31/2025House
  8. Returned to the House as passed as amended # 1 .

    3/31/2025Senate
  9. Read the third time and passed.

    3/31/2025Senate
  10. REPORTED CORRECTLY ENGROSSED

    3/20/2025Senate
  11. Amendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.

    3/20/2025Senate
  12. Placed on second reading for purpose of amendment.

    3/20/2025Senate
  13. Returned by the Committee with the recommendation that it Do Pass as amended, Amendment # 1

    3/19/2025Senate
  14. Read first time, rules suspended, read second time, referred to REVENUE & TAX - SENATE

    3/10/2025Senate
  15. Received from the House.

    3/10/2025Senate
  16. Read the third time and passed and ordered transmitted to the Senate.

    3/10/2025House
  17. Returned by the Committee Do Pass

    3/6/2025House
  18. REPORTED CORRECTLY ENGROSSED

    2/27/2025House
  19. Amendment No. 1 read and adopted and the bill ordered engrossed.

    2/27/2025House
  20. Placed on second reading for the purpose of amendment.

    2/27/2025House
  21. Read the first time, rules suspended, read the second time and referred to the Committee on REVENUE & TAXATION- HOUSE

    2/10/2025House
  22. Filed

    2/10/2025House

Bill Text

  • HB1444 - Introduced

    2/10/2025

  • Act Version

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