Utah Admin. Code R362-2-4 - Investment Tax Credit Certification Process

(1) OED is responsible for certifying renewable energy systems tax credits.

(2) Applications for credits shall be made on forms developed by OED.

(3) OED will evaluate each application according to the definitions and criteria established by statute and by this rule. If the information contained in an application is inadequate to determine eligibility according to this rule, OED reserves the right to request additional information from the applicant. If an applicant is unable or unwilling to provide adequate information, OED may deny the application and no tax credit will be certified.

(4) If, after evaluating an application, OED finds that a renewable energy system is eligible for a residential or commercial tax credit, OED will issue a Utah State Tax Commission Form TC-40E that will serve as the taxpayer's documentation of eligibility for a tax credit.

(5) If OED denies an application for a tax credit, the taxpayer applicant may appeal, consistent with Section 63G-4-301 (Administrative Procedures Act).

(6) Applications for credits under this rule shall provide the following information:

(a) The legal name of the person seeking a tax credit;

(b) The physical address, plat number, or global positioning satellite (GPS) coordinates of the property where the system is installed; and

(c) A general description of the system, including:

(i) type of technology employed;

(ii) energy production capacity;

(iii) cost of the system;

(iv) date installation was completed; and

(v) other information requested by OED.

(7) Applications for residential and commercial tax credits must include each of the following:

(a) Photographs of the major system components, and how and where the system is installed; and

(b) Documentation of costs incurred for the renewable energy system.

Notes

Utah Admin. Code R362-2-4

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