South CarolinaH 5122126th General Assembly (2025-2026)House

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 31 TO CHAPTER 9, TITLE 58 SO AS TO PERMIT CERTAIN ITEMS SOLD TO OR USED BY INTERNET ACCESS SERVICE PROVIDERS AND COMMUNICATIONS SERVICE PROVIDERS TO BE EXEMPT FROM SALES TAX, TO ESTABLISH A PROCESS FOR REFUNDS ON TAXES PAID ON EXEMPT ITEMS, AND TO PROHIBIT DATA CENTERS FROM CLAIMING OR UTILIZING THESE EXEMPTIONS OR REFUNDS.

Sponsored By: Brandon Newton (Republican)

Signed by Governor

Summary

Internet and Communications Service Providers Equipment

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 1 costs, 0 mixed.

Sales tax break for internet and phone providers

Beginning in 2026, internet access and communications providers do not pay state or local sales and use tax on supplies, equipment, machinery, or electricity used to deliver their services. The law treats these providers as manufacturers for this exemption. Providers can also get refunds of any state or local sales and use tax they paid on items that are exempt. File refund claims by January 31 for the prior calendar year; the Department totals claims by May 1 and pays refunds by June 1. If total claims are over $10 million, each refund is cut pro‑rata so the total paid equals $10 million.

Large data centers lose tax break

Data centers cannot claim the new sales tax exemption or refunds for internet and communications providers. A covered data center is a facility, campus, or connected set of facilities under one electric supply agreement in South Carolina that stores, retrieves, or transmits data. It must have a contractual peak demand of 50 megawatts or more and become an electric customer after December 31, 2026. Sites run by telecommunications companies, or that mainly support telecom service or network operations, are excluded. Peak demand is set by the contract; short spikes do not change the classification.

Sponsors & Cosponsors

Sponsor

  • Brandon Newton

    Republican • House

Cosponsors

  • Carl L. Anderson

    Democrat • House

  • Nathan Ballentine

    Republican • House

  • Bruce W. Bannister

    Republican • House

  • Gary S. Brewer, Jr.

    Republican • House

  • Cody T. Mitchell

    Republican • House

  • Micajah P. "Micah" Caskey IV

    Republican • House

  • Gilda Cobb-Hunter

    Democrat • House

  • Sylleste H. Davis

    Republican • House

  • G. Murrell Smith, Jr.

    Republican • House

  • Craig A. Gagnon

    Republican • House

  • Jerry N. Govan, Jr.

    Democrat • House

  • Hamilton R. Grant

    Democrat • House

  • Thomas Duval "Val" Guest, Jr.

    Republican • House

  • William G. "Bill" Herbkersman

    Republican • House

  • David R. Hiott

    Republican • House

  • Leon Howard

    Democrat • House

  • Roger K. Kirby

    Democrat • House

  • M. Brian Lawson

    Republican • House

  • Marvin "Mark" Smith

    Republican • House

  • Thomas E. "Tommy" Pope

    Republican • House

  • Seth Rose

    Democrat • House

  • J. Todd Rutherford

    Democrat • House

  • Carla M. Schuessler

    Republican • House

  • Richard L. "Richie" Yow

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 250 • No: 46

House vote • 5/14/2026

(Internet and Communications Service Providers Equipment)Concur in Senate Amendments

Yes: 92 • No: 18

Senate vote • 5/12/2026

(Internet and Communications Service Providers Equipment)3rd Reading

Yes: 35 • No: 8

Senate vote • 5/7/2026

(Internet and Communications Service Providers Equipment)2nd Reading

Yes: 41 • No: 5

House vote • 4/30/2026

(Internet and Communications Service Providers Equipment)Passage of Bill

Yes: 82 • No: 15

Actions Timeline

  1. Effective date See Act for Effective Date

    6/5/2026legislature
  2. Act No. 242

    6/3/2026legislature
  3. Signed By Governor

    5/19/2026Governor
  4. Ratified R 258

    5/15/2026legislature
  5. Roll call Yeas-92 Nays-18

    5/14/2026House
  6. Concurred in Senate amendment and enrolled

    5/14/2026House
  7. Roll call Ayes-35 Nays-8

    5/12/2026Senate
  8. Read third time and returned to House with amendments

    5/12/2026Senate
  9. Amendment Reconsidered

    5/12/2026Senate
  10. Read second time

    5/7/2026Senate
  11. Scrivener's error corrected

    5/7/2026legislature
  12. Amended

    5/6/2026Senate
  13. Recalled from Committee on Judiciary

    5/5/2026Senate
  14. Referred to Committee on Judiciary

    5/5/2026Senate
  15. Introduced and read first time

    5/5/2026Senate
  16. Read third time and sent to Senate

    5/1/2026House
  17. Unanimous consent for third reading on next legislative day

    4/30/2026House
  18. Roll call Yeas-82 Nays-15

    4/30/2026House
  19. Read second time

    4/30/2026House
  20. Amended

    4/30/2026House
  21. Member(s) request name added as sponsor: Govan

    4/30/2026House
  22. Debate adjourned

    4/29/2026House
  23. Committee report: Favorable with amendment Ways and Means

    4/28/2026House
  24. Member(s) request name added as sponsor: Davis

    4/23/2026House
  25. Member(s) request name added as sponsor: Caskey

    4/1/2026House

Bill Text

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