IIUC Meta is spending more on capital (due to AI buildout) than they are receiving in profits.

Given Depreciation this is expected. And ... the intent of the law, to prompt capital investment.

What's the scandal, exactly?

Wait it gets worse for the "article"

ITEP gets the number by dividing Meta’s current federal tax expense ($2.82B) by its domestic pretax income ($79.64B), which is about 3.5–3.6%.

But Meta’s total 2025 GAAP effective tax rate was actually 29.6%, because it also booked a huge $15.93B charge tied to the Corporate Alternative Minimum Tax and valuation allowances.