Utah Admin. Code R362-2-15 - Production Tax Credit, Taxpayer Authorization Process

(1) OED must authorize a taxpayer's eligibility for the production tax credit. The taxpayer must verify that a commercial energy system has been constructed, installed, is a viable energy production system, and meets requirements of Sections 59-7-614 and 59-10-1106 and this rule.

(2) A taxpayer that is not a lessee must submit an Application for Authorization on a form created by OED.

(3) The applicant must provide the following information:

(a) taxpayer name and federal tax classification;

(b) taxpayer address, phone number and contact information for a taxpayer representative;

(c) description of the commercial energy system including type of facility, total nameplate capacity, methods to be used to produce electricity and a list of major electricity producing components;

(d) location of the commercial energy system sufficient to permit site inspection by OED staff;

(e) schematic or electrical layout of major system components. A solar PV system must include a map of where the solar panels are installed. A wind farm must include a map of the turbine layout. A geothermal system must include a map showing production and injection wells along with the location of the generating turbine or turbines;

(f) photographs of the installed and operational commercial energy system;

(g) estimated annual electricity production in kilowatt hours for the commercial energy system; and

(h) the date on which the commercial energy system entered commercial service. 48 month eligibility period begins on the commercial operations date.

(3) A taxpayer that is a lessee must submit an Application for Authorization that includes the following:

(a) proof that the lessor's commercial energy system has been authorized by OED; and

(b) written certification that the lessor shall not claim production tax credits.

(4) Upon receipt of an Application for Authorization, OED will determine taxpayer eligibility and will notify the applicant in writing of its decision. If the information contained in an application is inadequate to determine eligibility, OED reserves the right to request additional information from the applicant. If an applicant is unable or unwilling to provide the information requested, OED may deny the Application for Authorization.

Notes

Utah Admin. Code R362-2-15

Adopted by Utah State Bulletin Number 2020-16, effective 7/29/2020