Ariz. Admin. Code § R15-2C-503 - Renewable Energy Production Tax Credit
A. For each year for which an owner of a
qualified energy generator plans to claim a renewable energy production tax
credit, the owner shall file one of the following applications:
1. An initial application in accordance with
subsection (B) for:
a. Energy produced in
2011 for which an owner of a qualified energy generator plans to claim a credit
on the 2011 tax return filed in 2012, and
b. Energy produced after 2011 for which an
owner of a qualified energy generator did not have a place on the prior year's
Credit Authorization List for the renewable energy production tax credit under
A.R.S. §
43-1083.02(G).
2. A renewal application in
accordance with subsection (C) for an owner of a qualified energy generator
that did have a place on the prior year's Credit Authorization List for the
renewable energy production tax credit under A.R.S. §
43-1083.02(G).
B. An initial application shall
include the following information:
1. The
information required by A.R.S. §
43-1083.02(F).
2. The business structure of the
applicant.
3. If the credit will be
passed through to shareholders or partners, a list including the name, taxpayer
identification number, and ownership percentage of each shareholder or partner.
If the tax year end is other than December 31, and the shareholders or
partners, or ownership percentages change, the applicant shall update the list
for the tax year end by the due date of the applicant's Arizona return,
including extensions.
4. The
applicant's tax year end.
5. The
name of the contact person, his or her title, telephone number and fax
number.
6. If the applicant has any
affiliates or subsidiaries, a list of the affiliates and subsidiaries,
including the name, address, taxpayer identification number, and percentage of
ownership. The applicant may substitute a federal Form 851, or other federal
form with the required information, for this list.
7. Self-assigned name or identification
number of the qualified energy generator.
8. Assessor's parcel number or numbers of the
land on which the qualified energy generator is located or, if not available,
the legal description.
9. The
centrally valued property tax identification number for the personal property
on the land.
10. The type of
qualified energy resource used to generate electricity. If the qualified energy
resource is biomass, the type of biomass.
11. The generating capacity of the qualified
energy generator.
12. The number of
kilowatt-hours of electricity produced for the calendar year.
13. Printouts for the calendar year from the
production meter located at the qualified energy generator that:
a. Measures the output from the qualified
energy generator, and
b. Provides
the output information to a grid-tied energy management system.
14. A signed affidavit in which
the applicant states that the information contained in the application is true
and correct under penalty of perjury and that the qualified energy generator
for which the applicant is claiming the credit did not produce electricity
prior to 2011.
C. A
renewal application shall include the information required by subsections
(B)(1) through (6) and (B)(12) through (14). In addition, where the information
required by subsections (B)(7) through (11) has changed since the prior year's
application, the applicant shall provide the new information on the renewal
application.
D. Copies of invoices
or receipts from the electricity purchaser, verifying kilowatt-hours sold,
shall be made available to the Department upon request.
E. If an owner owns more than one qualified
energy generator, the owner shall submit a separate application for each
qualified energy generator.
F. Each
application shall be mailed separately in its own envelope by United States
Postal Service Express Mail to: Arizona Department of Revenue, Renewable Energy
Production Tax Credit Program, P.O. Box 25248, Phoenix, AZ 85002.
Notwithstanding A.R.S. §
1-218(E)(1),
the Department shall not accept applications through any other delivery method
for purposes of this Section and A.R.S. §
43-1083.02.
G. For each initial application received in
accordance with subsections (B) and (F), the Department shall assign a priority
placement number that reflects the date and time on the Express Mail label,
without regard to which time zone mailing took place.
H. If the Department receives more than one
initial application in accordance with subsection (G) that it would assign the
same priority placement number based on date and time on the Express Mail
label, then the order received shall be determined by a random drawing of
affected applications.
I. If the
Department denies an application or approves a smaller amount of credit than
the amount requested on the application, the Department's decision is an
appealable agency action as defined in A.R.S. §
41-1092(3) and the applicant may appeal the decision
under subsection (J) and A.R.S. Title 41, Chapter 6, Article 10.
J. To appeal a decision made under subsection
(I), the applicant shall file a petition, in accordance with A.A.C.
R15-10-105(B)
and A.R.S. §
41-1092.03(B),
within 30 days of receipt of the Department's decision.
K. For each decision made under subsection
(I), the Department shall reserve the portion of the cap that the applicant
would have been entitled to if the Department had approved the application in
full, up to the generator cap limit, until the applicant waives or exhausts the
appeal rights in subsection (J).
L.
For the cap reserved under subsection (K), once the applicant waives or
exhausts the appeal rights in subsection (J), the Department shall certify the
cap to the next eligible applicant on the Credit Authorization List, until the
full cap is certified.
M. In
addition to the definitions provided in A.R.S. §
43-1083.02,
unless the context provides otherwise, the following definitions apply to this
Section and to implementation of A.R.S. §
43-1083.02:
1. "Cap" means the annual tax credit limit of
$20 million in A.R.S. §§
43-1164.03(G) and
43-1083.02(G).
2. "Generator cap" means the annual tax
credit limit of $2 million per qualified energy generator in A.R.S.
§§
43-1164.03(G) and
43-1083.02(G).
Notes
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