Category: Uncategorized

Tax Considerations for Data Center Projects in the Age of AI

4 min read

Tax Considerations for Data Center ProjectsArtificial intelligence is driving an unprecedented surge in data center construction. Developers, private equity sponsors and their tax advisors are navigating a complicated web of questions that touch everything from ownership structure to site selection to power sourcing. Get the early decisions wrong and the tax consequences can follow a project for years.

Why REITs Have Become the Structure of Choice

Private equity has increasingly turned to real estate investment trusts when backing data center projects. Structure a REIT correctly, and you sidestep corporate-level taxation entirely. Foreign investors get an even better deal. Sovereign wealth funds and foreign pension funds can participate without any obligation to file U.S. tax returns. Data centers, with their heavy real estate footprint, slot into the REIT framework more naturally than many other asset classes.

That said, the fit is not seamless. Related party rent rules create traps for the unwary. Public pension funds and sovereign wealth funds need to confirm they do not hold stakes in both a data center REIT and its tenant. Another wrinkle involves equipment. Data centers demand significant upfront investment in personal property that may not count as qualifying REIT assets. The tax code requires that 75 percent of a REIT’s total asset value consist of real estate, cash, and government securities at each quarter’s close. Developers often must segregate personal property until the REIT builds up enough good assets to clear that hurdle.

The Power and Water Challenge

Reliable power and water access have become one of the toughest operational problems in the industry. Demand is so intense that many developers are generating their own electricity on-site. The tax treatment of these co-located power facilities depends heavily on the energy source and delivery method. Get it wrong, and the generation asset may not qualify for REIT treatment.

Solar photovoltaic systems sit on relatively solid ground under existing guidance. Nuclear and natural gas, which many see as the next wave of data center power, do not. Current rules leave significant uncertainty around whether these sources can work within a REIT structure.

Legislative and Executive Developments

The IRS priority guidance plan for 2025 and 2026 contains no projects aimed squarely at data centers. Regulation section 1.856-10(g), finalized in 2016, includes an example analyzing customized electrical and telecommunications systems in a data center context, but practitioners continue pushing for clearer rules on alternative energy.

Congress may offer relief on the waterfront. In April 2025, Representative Darin LaHood of Illinois proposed a new section 48F that would provide a 30 percent credit for qualifying water reuse projects, including on-site recycling systems at data centers. With U.S. data centers projected to consume 33 billion gallons of water by 2028, the bill attracted 21 cosponsors and bipartisan support.

The White House has made its priorities clear as well. The Trump administration’s July 2025 AI action plan established a goal of achieving global dominance in artificial intelligence, with infrastructure as one of three pillars. An executive order, issued July 23, 2025, focused specifically on reducing federal regulatory obstacles to data center construction.

Conclusion and OBBBA Incentives Worth Watching

Several provisions in the One Big Beautiful Bill Act benefit data center projects, even though lawmakers did not design them with that sector in mind. The return of 100 percent bonus depreciation under section 168(k) matters enormously for an industry requiring massive capital outlays.

Rural Opportunity Zones sweeten the economics further. Investments in qualified rural opportunity funds now qualify for a 30 percent basis step-up after five years, triple the 10 percent available in standard zones. A special rule targeting improvements to existing structures in rural areas cuts the substantial improvement threshold to 50 percent of adjusted basis, compared to more than 100 percent for non-rural funds.

Developers and investors evaluating new projects will find that entity structure, site selection, and the shifting regulatory environment all interact in ways that directly affect the bottom line. Getting the tax picture right from the start remains essential.

Understanding the Benefit-Cost Ratio (BCR)

3 min read

What is BCR benefit-cost ratio

When it comes to making an informed investment decision, one way is to use the benefit-cost ratio (BCR).

Benefit-Cost Ratio Defined

The BCR calculates how profitable a project’s (or an asset’s) cash flows are via a present value cash flow analysis. It takes the value of all incoming cash flows and weighs it against the same project’s or asset’s outgoing cash flows. If the calculation results in a BCR higher than 1, then more than likely that asset and/or project will provide a positive outcome.

How the Benefit-Cost Ratio is Calculated

=  ((Moneys received / 1 + discount rate) ^ Cash flow time frames)) / ((Moneys expended / 1 + discount rate) ^ Cash flow time frames))

Money received can also be referred to as the cash flows’ benefits. Money expended is also referred to as cash flow. This formula essentially divides the discounted cash flows by the discounted cash outflows. It’s important to mention that the discount rate can also be referred to as the business’s or investor’s required return.

The following is an example of the different levels of cash flows:

  Start 1 Year Later 2 Years Later 3 Years Later
Outflows -$8,000 -$16,000 -$20,000 -$27,500
In-Flows — — $80,000 $120,000
Net Cash Flow -$8,000 -$16,000 $60,000 $92,500

Based on the calculations, the following illustrates the results for both Discounted Costs and Discounted Benefits:

Time Frame Discounted Costs Discounted Benefits
Start $8,000 0
After 1 Year -$16,000 / (1 + 10 percent)1 = $14,545.45 0
After 2 Years -$20,000 / (1 + 10 percent)2 = $16,528.93 $80,000 / (1 + 10 percent)2 = $66,115.70
After 3 Years -$27,500 / (1 + 10 percent)3 = $20,661.16 $92,500 / (1 + 10 percent)3 = $69,496.62

The final calculation sums up the Discounted Benefits and the Discounted Costs and then divides them, resulting in:

$135,612.32 / $59,735.54 = 2.27

Analyzing the Results

The resulting figure means that $2.27 is expected to be generated per $1 invested. It can be used by both internal stakeholders and potential external investors to gauge if the asset or project is worth the risk.

If the BCR came back at less than 1, it would indicate an Internal Rate of Return (IRR) that is lower than the discount rate. This reading would also show that the net present value of the project or asset is projected to be negative.

If the BCR is 1, this essentially means the net pre-set value is zero. The IRR would be equal to the discount rate.

If, however, the BCR is more than 1 – as in the example above – it means the IRR is higher than the discount rate, and the net present value is more than zero.

It’s important to consider that these are only assumptions. If, for example, the cash flow forecasting is incorrect or the discount rate is off, the ratio can provide wide variances.

Conclusion

Whether it’s an internal stakeholder or a potential investor, this ratio can and should be used as part of a holistic financial analysis program.

Stalemates in Voting Rights and ICE Legislation; Small Business Funding Expanded

4 min read

Stalemates in Voting Rights and ICE Legislation; Small Business Funding ExpandedSafeguard American Voter Eligibility Act (S 1383) – Also known as the SAVE America Act, this bill passed in the House on Feb. 11 but stalled in the Senate due to the Democrat filibuster. The bill would require states to verify documentary proof of citizenship and current residential address when Americans apply for federal voter registration. The easiest documentation would be a birth certificate or passport that confirms their current legal name (most women change their last name after marriage, so they require additional documentation, such as a marriage certificate). However, research from the Bipartisan Policy Center found that nearly 1 in 10 registered voters do not have access to their birth certificate, and 52 percent do not have an unexpired passport with their current legal name. Note that these registration requirements kick in any time current voters update their registration, such as for an address change or to switch political party affiliation. The bill also requires a specific type of photo ID to cast a ballot. A driver’s license is acceptable, but not student IDs or a tribal ID that lacks an expiration date (which tribal IDs do not contain). The president is also insistent that the legislation include unrelated restrictions for transgender Americans. The debate over this bill continues in the Senate.

Department of Homeland Security Appropriations Act, 2026 (HR 7744) – This is the bill that has held up appropriations for the Department of Homeland Security (DHS) for the fiscal year ending Sept. 30, 2026. The bill was introduced by Rep. Tom Cole (R-OK) on March 2 and passed in the House on March 5. However, it triggered a partial government shutdown and is under heated debate in the Senate. Republicans insist on passing the complete bill with increased funding for national security and border protection. The legislation also includes provisions prohibiting funds for Diversity, Equity, and Inclusion and Critical Theory programs, as well as abortions and gender-affirming care for ICE detainees. Senate Democrats are seeking to include guardrails that would prohibit ICE agents from wearing masks or entering homes, schools, hospitals, etc., without a judicial warrant. Currently at a stalemate, Republicans will likely try to pass funding for the Department of Homeland Security (DHS), more money for ICE, and components of the Save America Act through a budget reconciliation bill.

Small Business Innovation and Economic Security Act (S 3971) – On March 3, Sen. Joni Ernst (R-IA) introduced this bipartisan bill to reauthorize the Small Business Innovation Research and Small Business Technology Transfer (SBIR/STTR) programs. These programs, also known as America’s Seed Fund, expired last September. The new bill enables certain agencies to award a portion of their funds to larger projects focused on technology transition, rather than incremental R&D. These agencies, which include the Departments of Defense, Energy and Homeland Security, the Environmental Protection Agency and the National Aeronautics and Space Administration, may award up to $30 million to small business projects that prioritize national security, customer demand and undercapitalized technology areas. The bill passed in the Senate on March 3, the House on March 17, and was signed into law by the president on April 13.

Tyler’s Law (S 921) – The purpose of this bill is to issue guidance for hospital emergency departments to implement fentanyl testing as a routine procedure for patients experiencing an overdose. The current standard procedure tests for marijuana, cocaine, amphetamines, PCP, and natural and semisynthetic opioids, but not synthetic opioids like fentanyl – something many ER practitioners are unaware of. The bill is named for Tyler Shamash, a California teenager who died of an overdose after he passed a drug test in an emergency room that did not include fentanyl. The bipartisan bill was introduced by Sen. Jim Banks (R-IN) on March 10, 2025. It passed in the Senate on March 23, 2026, and is currently awaiting a vote in the House.

To require the Secretary of Homeland Security to designate Haiti for Temporary Protected Status (HR 1689) – This bill was introduced on Feb. 27, 2025, and passed in the House on April 16, 2026. Amid rampant immigration enforcement, this bill is designed to extend temporary protected status for Haitian migrants through 2029. TPS is intended to provide a safe haven for foreign nationals whose home countries are experiencing temporary unsafe conditions, such as from a natural disaster or civil unrest, for which Haitians continue to qualify. This largely partisan legislation faces an uphill battle in the Senate, as well as a likely veto by the president. In February, the president revoked TPS status for approximately 330,000 Haitians in the United States. However, enforcement of that order is currently halted, and its constitutionality is under consideration by the U.S. Supreme Court.

The ROI of Autonomy: Measuring the Business Value of Agentic AI Workflows

4 min read

Measuring the Business Value of Agentic AI WorkflowsBusinesses are moving beyond basic automation into a new era of intelligent, self-directed systems. While automation helps with streamlining repetitive tasks, agentic AI workflows enable systems to make decisions, take action, and continuously improve with minimal human oversight.

Most businesses adopting agentic AI have no structured way to prove it is working. Although they can feel the difference, they can’t measure it. Without measurement, return on investment (ROI) conversations stall, budgets get cut, and genuinely transformative tools get shelved.

What Makes Agentic AI Workflows Different

Agentic AI workflows are designed to operate with a degree of independence. Unlike traditional automation, which follows predefined rules, agentic systems are goal-oriented.

Once given an objective, they plan, execute, adjust, and complete tasks across multiple steps, tools, and decisions without requiring human intervention. For example, an agentic workflow may pull data from multiple systems, analyze it, draft a report, flag anomalies, and email a summary.

Another example is a supply chain AI agent that not only highlights anomalies but can also reorder stock, renegotiate pricing thresholds, and even reroute logistics as these actions fall within predefined objectives.

Agentic AI can also improve efficiency and productivity by identifying inefficiencies in workflows and adjusting them in real time.

For businesses facing rising labor costs and increasing demand for speed and personalization, this evolution is more than a technological advancement. It offers a strategic advantage.

Why ROI Measurement Is Different for Agentic AI

Traditional ROI models are rather straightforward as they compare the cost of a system to the output generated. ROI on projects using traditional models is measured based on cost savings, headcount reduction and cycle-time compression. However, agentic AI is more dynamic because the systems improve over time. This means the output isn’t static – rather, it compounds. These systems also reduce the need for ongoing supervision, operate continuously, and often uncover efficiencies that were not initially anticipated.

As a result, the ROI of agentic AI is not just immediate cost savings but also includes long-term gains. These gains include improved decision-making, faster execution, higher productivity, strategic agility and the ability to scale operations without a proportional increase in cost. Measuring this kind of value requires a broader, more forward-looking approach.

Key ROI Drivers of Agentic AI workflows

  1. Operational efficiency – unlike conventional automation that is vulnerable to dynamic environments due to fixed rules, agentic AI responds to changes automatically. These systems continuously learn and optimize, delivering ongoing improvements without additional manual effort.
  2. Real-time responsiveness – customers expect real-time interaction. Agentic workflows enable this through systems that are always on and context-aware.
  3. Scalability – businesses can handle increased demand without a corresponding increase in operational costs or headcount, allowing more efficient growth.
  4. Cross-departmental reach – Agentic AI agents can seamlessly connect workflows across different departments like HR, IT, and finance. This reduces operational friction between teams and enhances overall efficiency.
  5. Productivity gains – Agentic AI can operate 24/7, completing tasks faster and with greater consistency than human teams. This allows employees to focus on higher-value work, increasing overall organizational productivity.
  6. Cost reduction – by automating complex workflows, businesses can reduce reliance on manual labor, minimize errors, and eliminate inefficiencies. This can translate into significant savings.
  7. Revenue growth – Agentic AI enables faster go-to-market strategies and more personalized customer experiences. This can directly impact conversion rates and revenue.
  8. Improved decision quality – With access to real-time data and advanced analytics, agentic AI systems can make quick, informed decisions. This reduces human bias and enhances accuracy in areas like forecasting, inventory management, and customer engagement.

Strategies for Evaluating Agentic AI ROI

To measure agentic AI ROI, businesses need a structured approach that connects AI deployment to business outcomes.

  1. Identify high-impact workflows – repetitive, resource-heavy processes like IT support, sales operations, or compliance.
  2. Establish baseline measurements by documenting current costs, completion times, error rates, and headcount before deployment.
  3. Compare pre- and post-implementation performance by checking utilization rates, tasks completed, and infrastructure costs to confirm operational sustainability.
  4. Estimate agentic impact by projecting improvements in speed, cost, throughput, and quality.
  5. If implementing agentic AI in phases, use control groups to isolate its impact from other organizational changes.
  6. Measure real business outcomes, including cost reductions, revenue growth, and productivity gains.

Conclusion

Traditional automation delivered value by reducing manual effort. Agentic AI, on the other hand, reduces decision latency, operational friction, and coordination costs. Therefore, AI agents’ ROI is not defined by savings alone. Its real value lies in the ability to generate compounding returns across multiple dimensions of a business. By adopting a broader view of ROI, organizations can better assess impact, build stronger adoption cases, and identify new opportunities for optimization.

As Tax Season Opens, We Must Stay Alert to Rising Scam Threats

As tax filing season begins, scammers are ramping up efforts to steal taxpayers’ personal information through increasingly sophisticated schemes. Below, we discuss the latest scam, what to look out for in general and what to do is if you…

3 min read

IRS Scam Threats, IRS IRS Scams As tax filing season begins, scammers are ramping up efforts to steal taxpayers’ personal information through increasingly sophisticated schemes. Below, we discuss the latest scam, what to look out for in general, and what to do if you suspect something malicious.

New Scam of the Season

The U.S. Treasury Inspector General for Tax Administration (TIGTA) recently issued an alert about a prevalent scam involving Economic Impact Payments.

In this scheme, taxpayers receive texts claiming they’re eligible for a $1,400 Economic Impact Payment, requesting personal information and bank details for deposit. While the IRS is indeed processing some legitimate Recovery Rebate Credit payments from 2021 tax returns, they will never request personal information via text or social media. These legitimate payments will be automatically distributed by late January 2025, either through direct deposit or paper check, with official notification letters sent separately.

Detecting Scam in General

The cybersecurity firm Guardio reports a 77 percent increase in IRS-related spam messages, highlighting how scammers exploit taxpayers’ fears of making mistakes on their returns. Common manipulation tactics include urgent messages claiming:

  • Tax return errors requiring immediate action to avoid penalties
  • Unexpected tax refund eligibility requiring verification
  • Account flags demanding immediate information verification to prevent legal action

These fraudulent messages typically contain malicious links designed to steal sensitive information like Social Security numbers, banking details, and payment credentials. They often masquerade as official IRS forms or legitimate tax advisory companies.

Key Warning Signs of Tax Scams:

  • Requests for sensitive personal or financial information
  • Links to suspicious websites (legitimate government sites end in .gov)
  • Misspellings, grammatical errors, or inconsistent formatting
  • Fuzzy or distorted official logos
  • Initial contact via email, phone, text, or social media instead of postal mail

What to Do if You Receive a Suspicious Message

If you receive a suspicious message, don’t engage with it. Never click links or provide personal information to unknown sources. Report potential fraud by forwarding the message to phishing@irs.gov or filing a report with TIGTA. If you’re uncertain about correspondence claiming to be from the IRS, verify it by calling 800-829-1040 or visiting IRS.gov. Your online IRS account will display any official notices mailed to you.

If you’ve accidentally engaged with a scam:

  1. Immediately close any suspicious website tabs
  2. Change passwords for potentially compromised accounts
  3. Contact your bank or credit card provider to monitor for fraudulent activity
  4. Report the incident to the IRS and file an identity theft report with the Federal Trade Commission
  5. Consider notifying local law enforcement

When searching for tax-related information online, only use official sources like IRS.gov or the official IRS app. Be wary of sponsored ads and search results that might lead to fraudulent websites. Consider bookmarking official sites for quick, secure access.

Conclusion

Remember, the IRS will never initiate contact through email, text, or social media. When in doubt, assume it’s a scam and verify through official channels. Keeping your personal information secure requires constant vigilance, especially during tax season when scammers are most active.