Energy Incentives

ORS 469B.167
Certificate required for tax credits

  • certification not to exceed five years


(1)

(a) A certificate issued under ORS 469B.161 (Final certification) is required for purposes of obtaining tax credits in accordance with ORS 315.354 (Energy conservation facilities). Such certification shall be granted for a period not to exceed five years. The five-year period shall begin with the tax year of the applicant during which the completed application for final certification of the facility under ORS 469B.161 (Final certification) is received by the State Department of Energy.

(b)

For a transferee holding a credit that has been transferred under ORS 469B.148 (Transferability of facility tax credit) or 469B.154 (Transferability of rental housing unit tax credit), the five-year period shall begin with the tax year in which the transferee pays for the credit.

(2)

Notwithstanding subsection (1) of this section, for a facility using or producing renewable energy resources with a certified cost that exceeds $10 million and that receives final certification under ORS 469B.161 (Final certification) after January 1, 2010:

(a)

The five-year period prescribed in subsection (1)(a) of this section shall begin with the tax year immediately following the tax year during which the completed application for final certification of the facility under ORS 469B.161 (Final certification) is received by the department.

(b)

If claimed by a transferee, the first of five tax years in which the transferee may claim the credit is the tax year in which the transferee paid for the credit or the tax year prescribed in paragraph (a) of this subsection, whichever is later.

(c)

An application shall be considered complete without the identification of a transferee for purposes of ORS 469B.148 (Transferability of facility tax credit) or 469B.154 (Transferability of rental housing unit tax credit).

(3)

If the original owner of the certificate uses any portion of the credit, the certificate becomes nontransferable. [Formerly 469.220]
§§ 469B.130 to 469B.169

(formerly 469.190 to 469.225)

Law Review Citations

16 WLR 392 (1979)

§§ 469B.100 to 469B.118

(formerly 469.160 to 469.180)

Atty. Gen. Opinions

Installation date of alternative energy devices, Department of Energy rule provisions and tax credit limitations, (1977) Vol 38, p 1198; credit from utility to customer feeding excess electrical power from residential alternative energy device back into utility's distribution system, (1977) Vol 38, p 1475


Source

Last accessed
Jun. 26, 2021