Green Practice Webinar: Turning Tax Credits Into Grants Under the New Treasury Regulations

On September 9, 2009, from 10:00 - 11:00 p.m. EDT, Pullman & Comley will be hosting a free webinar with Pullman & Comley's Green Energy & Environmental Design attorney Brad Mondschein and Brian Newman, who specializes in federal and state taxation issues for Kostin, Ruffkess & Company, LLC.

 

This 60 minute program will focus on the new treasury and energy regulations which are designed to allow developers, municipalities and non-profit organizations to take advantage of the tax credits available under the Stimulus Bill by converting them into cash grants.

 

 

For more information or to register for this webinar, please go to Pullman & Comley Green Practice Webinar.

 

Applications Now Available For Grants In Lieu of Credits For Renewable Energy Projects

As we first reported a few weeks ago, the Department of Treasury along with the DOE have issued guidelines (guidance document, terms and conditions, and a sample form) for companies to claim the grant payments in lieu of tax credits for various energy projects. The grants can add up to as much as 30% of the cost of a project.With the goal of expanding development of renewable energy projects throughout the United States and creating new jobs.

The DOE and Treasury announced today that they are now accepting applications for the program. The two Departments estimate distributing at least $3 billion in financial support to approximately 5,000 biomass, solar, wind, and other types of renewable energy production facilities.

The Recovery Act authorized Treasury to make direct payments to companies that create and place in service renewable energy facilities beginning January 1, 2009. Previously, these companies could file for a tax credit to cover a portion of the renewable energy project's cost; under the new program, applicants would agree to forgo future tax credits in favor of an immediate reimbursement of a portion of the property expense.

Companies interested in applying for the program can visit application submission page for more information

Connecticut Governor Vetoes Tax Credit For Green Buildings

Governor Rell (R-CT) has vetoed Public Act 09-202 which would have provided a tax credit of 8 1/2% for a real estate development project that was designed to meet or exceed the LEED Gold standard (New or Major Renovation), a tax credit of 10 1/2% for a real estate development project that was designed to meet or exceed the LEED Platinum standard (New or Major Renovation), a tax credit of 5% for a real estate development project designed to meet or exceed the LEED Gold standard (Core and Shell or Commercial Interior) and a tax credit of 7% for a real estate project designed to meet or exceed the LEED Platinum standard (Core and Shell and Commercial Interior).

In addition, the statute would have added 1/2% credit for a project that is (1) mixed use development, (2) located in a brownfield zone, (3) did not require a sewer extension of more than 1/8 of a mile or (4) located within one-quarter mile walking distance of public bus transit or 1/2 mile walking distance from a rail line.

While the statute did not cap the amount of the credit, the costs per project were capped at $250 per square foot for new construction and $150 per square foot for renovations.  Further, the total amount of tax credits available under the program was $25 million.  Further, the taxpayer could not claim more than 25% of the allowable costs in any income year, but the credits could be carried forward for up to 5 years.

Beyond these regulations, the credits were fully assignable and transferable, including nonprofit and institutional project tax credits.  Nonprofits and institutional projects could transfer the credits to a pass-through partner for a lump sum cash payment.  Further, any subsequent owner or tenant of a project could claim the tax credits so long as the credits are assigned as part of the sale of the project.

Governor Rell vetoed the statute by stating that "fiscal reality is the state cannot afford a new tax credit at this time time." 

Philadelphia City Council to Consider Tax Abatements for Green Buildings

In an effort to spur "green collar" jobs and encourage the green building movement in Philadelphia, Councilman Curtis Jones has introduced a proposed tax abatement plan for Green Buildings.  Although quite controversial in this time of lowering property tax revenues to cities and smaller funding coming from state government, Jones has proposed that Platinum LEED buildings receive a 100% abatement while lower LEED certified buildings receive lower abatements on a sliding scale to 10%.

Carbon Tax is now on the Agenda--An Alternative Approach

As the Stimulus Bill is now behind the Congress, the serious work of a comprehensive Energy Policy and Climate Change Policy is now fully underway.  One major aspect of both bills that is emerging in the halls of Congress is the imposition of a Carbon Tax.  While it is still unclear how a Carbon Tax will be imposed, either through a Cap and Trade system or through a per MW or BTU surcharge, there is no doubt that the cost of electricity and heat for every American will increase.  Realizing that such a surcharge is, by definition, regressive, there is now talk emerging relating to giving a tax credit to less wealthier Americans to offset the Carbon Tax.  At the same time, there is no consideration being given to the businesses that are the real backbone of the American economy who will see their costs increase.

Simply, there is a better way.  Congress should look at a comprehensive reform that encourages the use of on-site generation, renewables and efficiency.  In addition, the cost of such a program should spread over the ratepayers, which is more inclusive than the taxpayer base because of the numerous businesses that do not pay taxes because they manage to shed profit. 

I welcome modifications to this idea as well since I believe that we all need to come together to get it right!!

1.  Institute a national Renewable Portfolio Standard of 25%.  The RPS can be achieved either through centralized power projects to distributed generation projects.  The RPS would be on a statewide basis, not on a larger regional basis.  In addition, the generation to satisfy the RPS must be generated in State.  If we are going to be serious about reducing carbon and dependence on foreign oil, we must do enough to really make a difference.  The large RPS does this.  Further, making the RPS at the state level encourages innovation and does not place the burden of the RPS on one state and on the interstate transmission grid.

2.  Institute real and meaningful nationwide net metering (which will help with RPS).  This means that excess generation is sold back to the grid at 100% retail rate.  Obviously, there is a cost to the utility to transmit and distribute this generation to other users.  The cost of doing so should be paid by the ratepayers as a whole.

3.  For those that install Class 1 Renewable Energy as distributed generation (i.e., solar), all demand charges, backup charges and transmission/distribution charges should be waived.  In effect, the end user would only pay for the generation costs of grid power used and then only if the cost of such power exceeds the amount of excess generation sold back to the grid.   Again, costs to the utility are shared over the ratebase.

4.  For those that other Renewable Energy as distributed generation (each state has different definitions), the same benefits as the Class 1 Renewable would apply except that the end user would be charged distribution and transmission charges for grid power used.

5.  For those that install combined heat and power (i.e., natural gas) generation, for electric the same net metering rules would apply (full net metering).  In addition, only demand charges would be waived.  On the gas side, the end user would only pay for the gas used and all delivery charges would be waived.

6.  For CHP, the end user would be given the ability, without intervention by the utility, to have limited rights to cross a rights of way (limited by distance perhaps) to install electric lines to neighboring end users to share the excess generation and to install pipes to share the excess thermal load.

With these types of incentives, the reduction of carbon would be significant.  While ratepayers would bear the burden, the burden would be fairer than a carbon tax.  In addition, the incentive of installing generation is better than a punishment for using power that is needed for our homes and businesses.

I welcome your thoughts....

Louisiana Finalizes New Tax Credit Regulations for Wind and Solar Energy Systems

The Louisiana Secretary of Revenue issued new updated guidelines for obtaining income tax exemptions for wind and solar energy systems.  Codified at Title 61, Section 1907, the Secretary of Revenue modified the regulations to conform with the new Revised Statute 47:6030.  The statute calls for an income tax credit in the amount equal to 50% of the first $25,000 of the cost of a wind or solar energy system.  The credit is available to resident individuals with a system installed at a residence located within Louisiana or the owner of a residential apartment project located in Louisiana.

The regulation explains that the credit will be allowed for each separate system (an owner of multiple apartment complexes can claim more than one credit for each complex).  The system must directly deliver energy to the residence or apartment complex.

Further, the regulation codifies how the credits may be shared among multiple beneficiaries of a system that have ownership in the system (such as a condominium complex).  In such an instance, the costs must be divided and sufficiently documented among the various owners. 

The eligible costs that can be included in the tax credit are the reasonable and prudent costs for equipment and installation of the systems.  Individual labor costs for self-installations are not eligible.