Fremont County
For Fremont County, see Wyoming’s statewide laws and regulations below. No additional county-specific measures are listed in our research.
Pro-Data Center Policies
Wyoming offers sales and use tax exemptions that can reduce costs for qualifying data centers, including some shared facilities. Eligibility depends on meeting investment, purchasing, and job requirements, and occupants may need to meet conditions together.
Incentives
Tax benefits2
Expands sales and use tax exemption eligibility to data centers with one or more entities occupying the facility.
Provides conditional sales and use tax exemptions for qualifying data-center software, computer equipment, and power and environmental equipment.
current law · StatewideExpands Wyoming’s sales- and use-tax exemptions for specified equipment and other data-center purchases, allowing the exemption when one or more entities occupy the facility rather than requiring a single entity to occupy the entire center.Wyoming HB 64 (2013) — Enrolled Act No. 10
What this means
The measure expands sales and use tax exemptions to qualifying data centers with one or more entities occupying the facility, making it cheaper to equip and operate them. The occupants still have to meet the existing requirements together and provide data services as a single entity.
People behind it
- Joint Minerals, Business and Economic Development Interim Committee
Prime sponsor of the measure
Restrictions & requirementsHide restrictions & requirements1
A co-located data center seeking the sales and use tax exemptions must demonstrate that all requirements of the referenced subdivision are satisfied collectively by the entities occupying the facility, including when equipment and buildings have multiple owners.
Benefits & exceptionsHide benefits & exceptions1
Provides sales and use tax exemptions for qualifying purchases of services and tangible personal property by a data center occupied by one or more entities that offer data services as a single entity, including where equipment and buildings have multiple owners. The entities must collectively meet the applicable requirements in the statute, and the facility must qualify as a data processing services center. The act allows equipment and other purchases for a data center with one or more entities occupying the facility to be exempt from sales and use taxes.
Sources
current law · StatewideEstablishes sales- and use-tax exemptions for qualifying data processing services centers that provide server and storage infrastructure at one physical Wyoming location, including hosting and related services as defined by statute.Wyoming Statutes § 39-15-105(a)(viii)(S) and W.S. § 39-15-101(a)(xliv) — Data Processing Services Center Sales Tax Exemption
What this means
The measures can lower the cost of building, expanding, or operating qualifying data centers through sales and use tax exemptions, including for some colocated facilities. The savings are meaningful but depend on meeting investment, purchase, and job-related requirements, so the benefits are conditional.
People behind it
- Joint Minerals, Business and Economic Development Interim Committee
Sponsored the bill.
- House of Representatives
Originated the act.
- Wyoming Legislature
Enacted the measure.
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- Wyoming Business Council
Provides annual certification regarding job creation and jointly reports on the exemption with the Department of Revenue.
- Wyoming Department of Revenue
Administers exemption requirements, including receiving compliance documentation and remitted taxes, requesting annual reports, and jointly reporting on the exemption with the Wyoming Business Council.
Restrictions & requirementsHide restrictions & requirements19
The sales- and use-tax exemption for qualifying computer software, servers, storage, racking, cabling, and related equipment is available only when aggregate purchases exceed $2 million in a calendar year.
The separate exemption for qualifying power, generator, heating, air-conditioning, and air-quality equipment is available only when purchases exceed $2 million in a calendar year.
To claim the core computer-equipment exemption, the data center must make an initial capital investment of at least $5 million at a physical Wyoming location, with an alternative for qualifying investment made during the preceding five years.
To claim the power and environmental-equipment exemption, the data center must make an initial capital investment of at least $50 million at a physical Wyoming location, with an alternative for qualifying investment made during the preceding five years.
Qualifying computer equipment must be maintained and operated at a physical Wyoming location until scheduled replacement or the end of its serviceable life.
The purchaser must obtain annual Wyoming Business Council certification that it has created or will create an appropriate number of Wyoming jobs for the data center's size and development stage.
The purchaser must maintain adequate records and documentation proving compliance with the exemption requirements, including qualifying purchase thresholds.
If the applicable annual purchase threshold is not met, the purchaser must accrue and remit the otherwise applicable tax by the end of January following that calendar year, or face potential penalties and interest.
If any exemption requirement is not satisfied, all tax owed must be remitted by the end of January following the calendar year in which the failure occurred.
When multiple entities provide data services as a single entity in one facility, they must satisfy the exemption requirements collectively, regardless of separate ownership of the equipment or buildings.
Upon request by the Department of Revenue, a person using the exemption must annually report the amount of excise tax exempted.
A person constructing an industrial facility must present evidence at a public hearing concerning the facility's mitigated and unmitigated impacts, after which the industrial siting council determines the dollar amount of unmitigated impacts.
A nonresident prime contractor must file a surety bond or other security, generally equal to 3% of payments due under the contract plus any applicable increased rate, to secure sales-tax payments; a $1 million bond or equivalent security may be maintained instead of a contract-specific bond.
Work on a covered contractor project may be enjoined from starting or continuing until the required bond has been filed with the Department of Revenue.
A nonresident prime contractor, and a resident prime contractor hiring a nonresident subcontractor, must register the project with the Department of Revenue within 15 days after it begins. A nonresident prime contractor must provide the required bond or a cash deposit of at least 4% of total contract payments, and failure to register incurs a penalty of 1% of those payments.
A general or prime contractor must withhold 3% of payments due to a nonresident subcontractor, plus any applicable increased rate, until the subcontractor provides a Department of Revenue certificate showing that contract-related sales taxes have been paid; this does not apply to a subcontractor hired only to provide labor.
Wyoming counties may impose local sales and use taxes that increase the cost of taxable data-center construction purchases and services: up to 2% for general purposes, 2% for specific purposes, and 1% for economic development, subject to a combined county-rate limit of 3% under those provisions.
County, city, and town local sales-tax propositions generally require approval by a majority of qualified electors.
Local tax-rate and boundary changes generally cannot take effect until the first day of a calendar quarter after 60 days' notice to vendors, or 120 days' notice for printed-catalog vendors.
Benefits & exceptionsHide benefits & exceptions5
Provides a sales and use tax exemption for qualifying computer equipment, software, servers, storage devices, peripherals, racks, cabling, trays, and related items necessary to operate a data processing services center. Qualifying purchases must exceed $2 million in a calendar year, and the center must meet applicable Wyoming-location, capital-investment, job-certification, recordkeeping, and other compliance requirements.
Provides a sales and use tax exemption for qualifying uninterruptible power supplies, backup generators, specialized heating and air-conditioning equipment, and air-quality-control equipment used for the computer environment. Qualifying purchases must exceed $2 million in a calendar year, and the center must meet applicable Wyoming-location, capital-investment, job-certification, recordkeeping, and other requirements, including the required capital investment threshold.
Allows multiple entities operating in the same data-center facility to qualify for applicable sales and use tax exemptions as a single entity by satisfying the requirements in the aggregate, even when the equipment and buildings have separate owners.
Defines eligible data processing services centers to include facilities providing centralized data storage, management, processing, or dissemination, as well as web hosting, streaming, application hosting, application service provisioning, and time-share mainframe services for affiliated or unaffiliated clients.
Allows the Industrial Siting Council to order impact-assistance payments to affected counties, cities, and towns for documented, unmitigated construction impacts from a qualifying industrial facility, including impacts involving medical services, fire and law enforcement, roads, and public utilities. Payments are subject to findings of actual impact, local-tax conditions, and statutory caps based on estimated material costs, with a possible higher cap for facilities costing $350 million or less.
Sources
current law · StatewideWyoming Executive Order 2026-03, “Data Centers the Wyoming Way” is attributed to Governor Mark Gordon.Wyoming Executive Order 2026-03 — Data Centers the Wyoming Way
People behind it
- Governor Mark Gordon
Issued and signed the executive order establishing the Data Centers the Wyoming Way measure
Benefits & exceptionsHide benefits & exceptions1
The order directs state agencies to coordinate with data-center developers and streamline state permitting, while projects remain subject to applicable legal requirements.
Sources
pending · StatewideWould expand Wyoming’s “property used for industrial purposes” definition to include property used to operate a data processing services center, covering infrastructure that houses network servers and associated storage devices for centralized data or information storage, management, processing, or dissemination, including hosting and application services (draft bill).Wyoming HB Data Centers Industrial Property (2026)
What this means
The draft would classify data processing centers as property used for industrial purposes, which may provide favorable tax treatment, but it does not specify a tax reduction or add limits on building or operating facilities (“operation of a data processing services center”). The likely benefit is modest and uncertain because the document gives no details about how the classification changes taxes.
People behind it
- Joint Revenue Interim Committee
Identified as the sponsor of the bill.
Benefits & exceptionsHide benefits & exceptions1
Adds the operation of a qualifying data processing services center to Wyoming’s definition of property used for industrial purposes, potentially allowing the center’s property to receive the applicable industrial-property tax treatment. The center must primarily provide infrastructure in one physical location for network servers and associated storage devices to centralize data storage, management, processing, or dissemination; qualifying specialized hosting and related services are included. The change first applies to tax years beginning January 1, 2028.
Sources
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