Data Center Tax Exemption Act
In forceMiss. Code Ann. §§ 57-113-21, 57-113-25, 27-65-101(1)(kk)-(nn), 27-65-107(f)
Effective 2019-07-01 · Applies to private
A qualifying data center is defined as a business enterprise that utilizes hardware, software, technology, infrastructure and/or workforce to store, manage or manipulate digital data.
Once the Mississippi Development Authority certifies such a business enterprise, and so long as it meets the agreed performance requirements, it is eligible for a ten-year exemption from state income tax, franchise tax, and sales and use tax on construction materials and equipment and on replacement hardware, software and other technology.
Senate Bill 2271 (2019) lowered the qualifying thresholds from a $50,000,000 minimum investment, 50 new jobs, and 150 percent of the average state wage, to a $20,000,000 minimum investment, 20 new jobs, and 125 percent of the average state wage, and added income and franchise tax to the exemption, which previously reached only sales and use tax. A companion provision, Section 27-65-107(f), separately exempts from sales tax the electricity and other fuel sold to a qualifying data center.
Three later bills to further revise these thresholds (2021, 2024, and 2025) each died without passing, so the 2019 thresholds remain current.
Source: Full text of law