Wisconsin's Tax Reform: Catalyzing Data Center Investment

Vorys, Sater, Seymour and Pease LLP
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This article originally appeared in the Spring 2025 edition of Development Incentives Quarterly.

Wisconsin has emerged as a hotspot for data center development, with numerous project announcements coinciding with recent legislative tax reforms. Two significant changes—the elimination of most tangible personal property taxes and the creation of a specialized data center sales tax exemption—have positioned Wisconsin among the growing number of states implementing data center-friendly tax policies.

The Data Center Equipment Equation

Data centers represent a substantial capital investment, with personal property comprising a significant portion of development costs. Unlike traditional industrial facilities where buildings constitute the primary expense, data centers require massive investments in specialized equipment:

  • Computer servers and networking hardware
  • Advanced cooling infrastructure
  • Redundant power systems
  • Backup generators and uninterruptible power supplies

This equipment often costs millions—if not billions—of dollars for hyperscale facilities. The financial burden is compounded by the industry's rapid equipment refresh cycles, with servers typically requiring replacement every three to five years, unlike traditional industrial equipment that may last a decade or longer.

Dual Tax Implications for Data Centers

Before Wisconsin's reforms, data center operators faced potential taxation in two critical areas:

  1. Sales/use taxes applied to equipment purchases and replacements
  2. Annual personal property taxes based on equipment value assessments

These taxes created particular challenges for data centers due to their frequent equipment replacement cycles. While conventional industrial facilities might make major equipment purchases once a decade, data centers replace substantial portions of their technology infrastructure every few years, resulting in more frequent tax events and assessments at minimal depreciation.

Wisconsin's Strategic Tax Reforms

Personal Property Tax Elimination

Prior to comprehensive reform, Wisconsin maintained a complex system of industry-specific exemptions that provided some relief for data centers, particularly for computers and servers. However, not all data center equipment qualified for these targeted exemptions.

The passage of 2023 Act 12 fundamentally transformed this landscape by eliminating most personal property taxes beginning with the January 1, 2024 assessment year. This reform:

  • Places Wisconsin among approximately one-third of states with total or near-total personal property tax exemptions
  • Eliminates the administrative burden of navigating complex exemption qualifications
  • Provides certainty for data center operators in their financial planning

Data Center Sales Tax Exemption Program

Recognizing the outsized impact of sales taxes on data center economics, Wisconsin established a dedicated data center sales and use tax exemption through 2023 Act 19. This program:

  • Requires qualifying investment commitments between $50-150 million, depending on county population
  • Provides comprehensive sales and use tax relief on equipment purchases
  • Creates predictable cost structures for long-term operational planning

Strategic Positioning for Wisconsin's Economy

By implementing these complementary tax reforms, Wisconsin has significantly enhanced its attractiveness for data center investment. The state has effectively aligned itself with leading data center markets while demonstrating how targeted tax incentives can diversify economic development.

These reforms provide both immediate financial benefits and long-term operational certainty—two critical factors that data center developers evaluate when selecting locations for major infrastructure investments.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Vorys, Sater, Seymour and Pease LLP 2025

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