South Carolina

Act 242 (2026): data centers excluded from new provider tax exemption

Enacted legislation or regulation

In effect This instrument is recorded as currently in effect as of the dataset date.

Scope

2026 South Carolina Act No. 242 (H. 5122, R. 258) adds Code section 58-9-3100, a sales tax exemption for supplies, technical equipment, machinery and electricity sold to internet access and communications service providers, and provides in subsection (C) that a data center may not claim or use that exemption or refund, defining "data center" for that purpose. It takes effect on the Governor's approval and applies to tax years beginning after 2025.

Geographic scope
South Carolina
Jurisdiction
State
Authority type
Legislature
Issuing authority
South Carolina General Assembly

Dates

Adopted
19 May 2026
Effective
19 May 2026
Scheduled expiration
See completion condition
Ended
Not recorded as ended
Completion condition
The act states no expiration.
Source document
The source page states no document date
Last checked
23 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)

Summary

South Carolina Act No. 242 of 2026 (House Bill 5122) created a sales and use tax exemption for equipment and electricity bought by internet access and communications service providers but expressly bars data centers from claiming it. The Governor signed it on 19 May 2026, when it took effect, and it applies to tax years beginning after 2025. It does not change the separate datacenter exemption in section 12-36-2120(79).

What this does not establish

  • The related record is sc-code-12-36-2120-79-datacenter-sales-tax-exemption.
  • How the new provider exemption interacts with the datacenter exemption for mixed-use facilities was not analysed.

Unresolved questions

None recorded.

Relationships

Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.

Sources

Primary source

https://www.scstatehouse.gov/sess126_2025-2026/bills/5122.htm

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