Utah Admin. Code R362-2-16 - Production Tax Credit, Annual Certification Process

(1) A taxpayer authorized by R362-2-15 to claim a production tax credit for the electricity produced in a calendar year on a return filed under Title 59, Chapter 7, Corporate Franchise and Income Taxes, or Title 59, Chapter 10, Individual Income Tax Act, must receive written certification from OED for each year the project produced electricity within the 48-month eligibility period.

(2) An authorized taxpayer shall submit a Request for Production Tax Credit Certification form to OED and provide the following information:

(a) project name;

(b) location of commercial energy system;

(c) taxpayer name and address;

(d) name and contact information for taxpayer representative;

(e) commercial operations date;

(f) the number of kilowatt hours produced during the calendar year;

(g) copies of invoices or other information that documents the number of kilowatt hours of electricity produced; and

(h) additional information necessary for OED to validate the Request.

(3) Upon receipt of a complete application OED will review and validate the information provided by the authorized taxpayer. If approved, OED will issue a Utah State Tax Commission Form TC-40E that will serve as the taxpayer's written certification to claim the tax credit.

(4) If the information contained within an application is inadequate, OED reserves the right to request additional information from the applicant. If an applicant is unable or unwilling to provide the information, OED may deny the application and no tax credit will be certified. If OED denies a Request for Production Tax Credit Certification the authorized taxpayer may appeal, consistent with Section 63G-4-301 (Administrative Procedures Act).

(5) Information submitted by an authorized taxpayer under this section will be classified as protected information defined in Utah Code Section 63G-2-305 if the authorized taxpayer provides OED with a written claim of confidentiality and a concise statement supporting the claim in accordance with consistent with Utah Code Section 63G-2-309(1)(a)(i). The written claim of confidentiality will be included in the Request for Production Tax Credit Certification form referenced in this Rule.

Notes

Utah Admin. Code R362-2-16

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