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Business Tax Credits and Deductions

Renewable Energy Investment Credits

Hawaii

Solar and Wind Energy Credit

Effective 7/1/03-1/1/08, the Hawaii Energy Tax Credits allow individuals or corporations to claim an income tax credit of 20% of the cost of equipment and installation of a wind system and 35% of the cost of equipment and installation of a solar thermal or photovoltaic system. In 2003, the tax credits were revised and extended to the end of 2007. The revised credits apply to renewable energy technology systems installed and placed in service after June 30, 2003, and now include a cap of $250,000 on the amount of credit allowed for commercial property.

See HRS § 235-12(b)(1) and § 235-12(b)(4).

Montana

Alternative Energy Investment Corporate Tax Credit

Available to taxpayers purchasing an existing facility and to those building a new facility, commercial and net metering alternative energy investments of $5,000 or more are eligible for up to 35% tax credit against individual or corporate tax on income generated by the investment. The credit may only be taken against net income produced by the eligible equipment or by associated new business activity. Associated facilities, manufacturing plants producing the alternative energy equipment, and industries using the energy generated may use the tax credit. The tax credit must be taken the year the equipment is placed in service and may be carried over for the next 7 years. Alternative energy systems include solar, wind, geothermal, conversion of biomass, fuel cells that do not require hydrocarbon fuel, small hydroelectric generators, or methane from solid waste. Taxpayers may not take this credit in conjunction with any other state energy or state investment tax benefits, or with the property tax exemption for non-fossil energy property.

See MCA 15-6-201(4) and MCA 15-32-401.

Corporate Property Tax Reduction for New or Expanded Generating Facilities

Businesses engaged in the production of energy by means of an alternative renewable energy source are eligible for a tax credit against corporate income tax. To be considered an expanding industry, total full-time jobs must increase by 30% or more. The credit is equal to 1% of new wages paid in-state during the first three years of operation. No carryback or carryover is allowed for this credit.

See MCA 15-31-124.

Texas

Solar Energy Device Franchise Tax Deduction

This statute allows a corporation to deduct the cost of a solar energy device in one of two ways:

1. The total cost of the system may be deducted from the company’s taxable capital; or,

2. Ten percent of the system’s cost may be deducted from the company’s income.

Both taxable capital and a company’s income are taxed under the franchise tax.

See Texas Tax Code § 171.107.

Other Examples of Renewable Energy Investment Credits

California - Solar or Wind Energy System Credit - Corporate
See California Revenue and Taxation Code 23684; 2001 SB 17.

North Dakota - Geothermal, Solar, and Wind Corporate Credit
See ND Century Code 57-38-01.8.

Ohio - Conversion Facilities Corporate Tax Exemption
See ORC Title LVII Taxation § 5709.45 - § 5709.53.

Oregon - Renewable Energy Resource Facility Tax Credit
See ORS § 469.185 - § 469.225.

Utah - Renewable Energy Systems Tax Credit - Corporate
See Utah Code Revenue and Taxation 59-10-134.

Washington - High Technology Product Manufacturers Excise Tax Exemption
See RCW § 82.63.

Business Production Tax Credits

Minnesota

Renewable Energy Production Incentive

Minnesota’s program is unique in its offering of payments for actual energy output. There is an advantage in programs that offer credits or payments based on production rather than for investment: production payments and credits place a premium on project output and hence quality, not just rated capacity, which may or may not be fully utilized once installed.
Minnesota offers a 1.5-cent-per-kilowatt-hour payment for electricity generated from new wind energy projects less than 2 megawatts (2 MW) in capacity. Qualifying projects will receive payments for ten years. Payments will be made available on a first-come, first-serve basis until new wind capacity statewide totals 100 MW.

This program and Minnesota’s other programs promoting wind generation were created to help Xcel Energy (formerly Northern States Power), the state’s largest electricity generator, meet the Minnesota legislature’s mandate that NSP build or purchase 425 MW of wind power by 2002 and an additional 400 MW by 2012. Through its other wind energy incentives Minnesota has had success in developing large, centralized wind electricity generation projects through the benefit of existing incentives.

See Minnesota Statutes 2003 § 216C.41

New Mexico

Renewable Energy Production Tax Credit

Enacted 3/4/02 and amended in 2003, New Mexico offers a tax credit against corporate income tax of one cent per kilowatt-hour for companies that generate electricity from wind, solar, or biomass. The credit is applicable only to the first 400,000 megawatt-hours of electricity in each of 10 consecutive years. To qualify, an energy generator must use a zero-emissions generation technology and have capacity of at least 10 megawatts. Energy generators must not exceed two million megawatt-hours of production annually. If the amount of the tax credit claimed exceeds the taxpayer’s corporate income tax liability, the excess may be carried forward for up to five consecutive taxable years.

See New Mexico Statutes Annotated 1978 § 7-2A-19; 2003 HB 146.

Oklahoma

Zero-Emissions Facility Production Tax Credit

An income tax credit is available to producers of electric power using renewable energy resources from a zero-emissions facility located in Oklahoma. The zero-emissions facility must have a rated production capacity of fifty megawatts (50 MW) or greater. Renewable energy resources include wind, moving water, sun, and geothermal energy. The construction and operation of the zero-emissions facility must result in no pollution or emissions that are or may be harmful to the environment, as determined by the Department of Environmental Quality.

The amount of the credit varies depending on when the electricity is generated. Credits may be claimed over a 10-year period and non-taxable entities may transfer the tax credit to taxable entities.

See OS § 68.2357.32A; 2001 SB 440.

This page was last updated on August 4, 2004.