OAR 150-315-0170
Business Energy Tax Credit: Transfer of Facilities

(1)

Intentionally left blank —Ed.

(a)

When a facility is sold, the seller may claim a credit for the year of sale prorated to the portion of the tax year that the seller owned and operated the facility. The buyer also may claim a credit for the year of purchase prorated to the period of ownership and operation of the facility if the buyer applies for and receives a new certificate as required by ORS 315.354 (Energy conservation facilities)(5)(a) and 469.215. If the seller’s tax year is not the same as the purchaser’s, each taxpayer’s credit is based upon the portion of each taxpayer’s own tax year in which that taxpayer owned the facility.
Example: Taxpayer A, a calendar year taxpayer, sold a certified facility to Taxpayer B on July 1. Taxpayer B is a fiscal year taxpayer with a tax year ending March 31. Taxpayer A’s credit would be limited to 50 percent of a full year’s credit (facility owned January 1 through June 30). Assuming Taxpayer B applied for and received a new certificate, Taxpayer B would be entitled to 75 percent of a full year’s credit (facility owned July 1 through March 31).

(b)

ORS 315.354 (Energy conservation facilities)(5)(a) provides that the tax credit available to the new owner is limited to the amount of credit not claimed by the former owner or, for a new lessor, the amount of credit not claimed by the lessor under all previous leases. Therefore, it is necessary for the seller to disclose to the buyer the amount of allowable credit not yet claimed based on the original certificate holder’s investment in the facility.

(2)

When the credit is available to co-owners of a facility and one owner purchases the interest of another, the credit must be prorated between purchaser and seller. The method of prorating partnership income when a partnership interest is sold that is provided in Internal Revenue Code Section 706(d) must be used to prorate the credit.

(3)

When a facility is sold, any credit carryforward from tax periods prior to the sale cannot be sold or otherwise transferred to the buyer. Such credit carry forwards may only be used by the seller.

Source: Rule 150-315-0170 — Business Energy Tax Credit: Transfer of Facilities, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=150-315-0170.

150‑315‑0005
Tax credit uniformity transfer provisions 150‑315‑0010
Claim of Right Credit 150‑315‑0012
Qualified Reforestation Costs 150‑315‑0014
Procedure for Claiming the Reforestation Credit 150‑315‑0016
Change of Ownership 150‑315‑0018
Reforestation Credit: Reasons Beyond the Taxpayer’s Control 150‑315‑0040
Fish Screening Device Credit 150‑315‑0050
Transfer of Biomass Credit 150‑315‑0060
Crop Gleaning Credit: Information Required 150‑315‑0065
Higher Education Savings (529) and Achieving A Better Life Experience (ABLE) account credit recapture 150‑315‑0070
Agriculture Workforce Housing Credit 150‑315‑0100
Child Care Division Contribution Credit 150‑315‑0110
Scholarship Tax Credit 150‑315‑0121
Working Family Household and Dependent Care Credit 150‑315‑0125
Working Family Household and Dependent Care Penalty 150‑315‑0140
Pollution Control Facilities: Types of Facilities Eligible for Certification 150‑315‑0142
Pollution Control Facilities: Information to be Furnished Upon Request 150‑315‑0144
Pollution Control Facilities: Computation of Credit 150‑315‑0146
Pollution Control Facilities: To Whom Is Credit Allowable 150‑315‑0148
Pollution Control Facilities: Years in Which Credit May Be Claimed 150‑315‑0150
Pollution Control Facilities: Transfer of Facilities 150‑315‑0152
Pollution Control Facilities: Tax Credit Carry Forward 150‑315‑0154
Pollution Control Facilities: Adjustment of Basis 150‑315‑0170
Business Energy Tax Credit: Transfer of Facilities 150‑315‑0180
Oregon Tax Credit Auctions
Last Updated

Jun. 8, 2021

Rule 150-315-0170’s source at or​.us