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Bringing Solar Energy to Colorado |
Our attorney, Gary Nakarado, has offered as time allows, to host a FAQ page dealing with A37 and Federal Solar Tax Credit questions. After reviewing the A37 PUC ruling dealing with the Standard Rebate Offer (starting on pg. 69 of 100 of the pdf file) and Attachment 7 - Insurance (starting on pg. 98 of 100 of the pdf file), or the Federal Solar Tax Credit text, if you still have a question, send it to info@coseia.org and it will be forwarded to Gary for his words of wisdom. So, let's get to it - (3-2-06) Question: Is the A37 XCEL check going to be construed as income, and therefore subject to Co and Federal Income Tax? Answer: Weirdly enough, that is a tricky question with respect to non- residential owners, cause you may want it as income. It likely allows the tax credit to be higher. |
(2-21-06) Question: Solar thermal installations output must meet at least 50% of the load to qualify for tax credit. How is it determined that this requirement has been met? How should it be documented? In what format should it be submitted?
If an all-electric (electric space heating, water heating, cooking, in addition to all the standard electric appliances such as lights, TV, etc.) residence has a solar thermal system installed for domestic hot water:
1) how should we determine what portion of the electrical usage is for water heating and
2) how should we determine the kWh contributed by the solar system?
Should we use the SRCC performance rating charts for determining the contribution of the solar system?
Answer: I think the real point of this requirement is that it not be a "fake" solar system, ie, one that is "solar" only because of some trivial contribution.
I assume you are doing an installation retrofit where 100% of the energy of the system you are installing comes from solar.and if it were not connected into a tank that also receives energy from an electric heating element, that would be the end of that.
However, even if you have interconnected systems, as long as you are only claiming a credit on the new solar retrofit, which is 100% solar, I think you can be comfortable taking the credit if you otherwise meeting the requirements. We should keep watch for any more specific guidance issued by the IRS, but the above should be the right answer.
And if the measures you mention are the best you have, until otherwise directed, they should be just fine.
Question: Are combination solar thermal liquid systems that heat a large tank of water which in turn heats both space and hot water 100% eligible for the federal credit so long as the system is certified?
Answer: Yes, if the system also meets all of the other requirements contained in new Section 25D-plus the Solar Rating Certification. New Section 25D RESIDENTIAL ENERGY EFFICIENT PROPERTY provides, ''(1) QUALIFIED SOLAR WATER HEATING PROPERTY EXPENDITURE.-
The term 'qualified solar water heating property expenditure' means expenditure for property.
Thus each of the 5 requirements plus the following must be met in order to qualify for the individual residential credit.
(2) CERTIFICATION OF SOLAR WATER HEATING PROPERTY.-
No credit shall be allowed under this section for an item of property described in subsection (d)(1) unless such property is certified for performance by the non-profit Solar Rating Certification Corporation or a comparable entity endorsed by the government of the State in which such property is installed.
Question: I remember reading that Xcel would be offering a one time renewable energy credit (REC) for solar electric systems installed in the past including systems located outside the Xcel territory. Is this still happening? If so, when, which areas of Colorado are included, how much will the REC be, and will this REC be available to new systems installed this year, next year, will the REC apply to solar electric systems that are not tied to the grid, etc.??
Answer: Yes, there is intended to be at least a one time credit that will apply to all On-Site Solar Systems existing prior to December 1, 2004, and if Off-grid, whenever installed. The offer is presently required by March 31, 2006 , but this may slip in so far as the rule is not likely to be final under Colorado PUC procedures until approximately then.
In Section 3658. Standard Rebate Offer as adopted by the Commission, the rule as adopted at the present time provides, in part
(b) On or before March 31, 2006, each QRU shall make a one-time offer to purchase, under a Renewable Energy Credit Contract, the SO-RECs associated with On-site Solar Systems, up to a maximum of 10 kW per system existing prior to December 1, 2004, and Off-grid On-site Solar Systems, up to a maximum of 10 kW per system. The purchase price offered by the QRU for such SO-RECs shall be no less than the QRU's then current standard offer payment rate for SO-RECs, exclusive of the standard rebate payment, associated with the QRU's Standard Rebate Offer and established pursuant to Rule 3658. Subsequent offers shall be made at the discretion of the QRU. SO-RECs purchased by a QRU pursuant to this rule may be counted for purposes of compliance with the Renewable Energy Standard.
Note the red highlighted language that gives the utilities the option of again acquiring RECs from Off Grid systems. Initially, at least with respect to Xcel, the REC payment will be $2.50. Therefore, these will be cheap RECs, and if any utility does not meet its obligation and has not offered to acquire such Off Grid RECs, they would be open to very serious criticism, that I would not expect that would believe worth the small savings potentially available by not paying.
With respect to where these RECs will be paid, Xcel has already stated its intention to pay $2.50 to all installations within its territory. Other utilities have not yet committed at this time, but if subject to the requirement, can be expected to at least make the first offer. Xcel has indicated a potential interest in acquiring such RECs in other territories within the state, but I don't believe has yet committed.
These questions and answers should not be considered legal or tax advice. Each individual or business should seek specific advice from their own counsel or tax advisor. These questions and answers are provided to attempt to clarify questions which have been asked of CoSEIA, and only suggest the best judgment of CoSEIA's Counsel at the present time based solely on the language of the law, and without the benefit of expected regulatory clarification by the Internal Revenue Service.
Contact CoSEIA at any of the addresses below.
| Main office - 8745 W. 14th Ave., Lakewood, CO 80215 Denver metro phone: 303 333-7342 Non-metro phone: 1 866 633-9764 E-mail: info@coseia.org |
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This page last updated on 3-3-06