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IRS guidance on claiming investment tax credits for wind, biomass, geothermal, and other PTC facilities

By Shems Dunkiel Kassel & Saunders PLLC

The 2009 Stimulus legislation (ARRA) permits owners of PTC facilities, such as wind, biomass, and others, to elect a 30-percent tax credit, based on the cost of the facility, at the time the project is placed in service, rather than the 10-year PTC, which is calculated based on sales of electricity. Last week, the IRS issued Notice 2009-52, which explains the process for making this election.

The election to claim the ITC in lieu of the PTC applies to the following types of renewable energy facilities:

*Wind;
*Biomass (both closed- and open-loop);
*Geothermal;
*Landfill gas;
*Trash facilities;
*Qualified hydropower; and

*Marine and hydrokinetic.

To qualify, a taxpayer must claim the ITC with respect to qualified property that is an integral part of the facility on a completed Form 3468. Form 3468 must be filed with the taxpayer?s income tax return for the year in which the property is placed in service.

A separate election must be made for each qualifying facility. At this time; however, there is no guidance on how to define a "qualifying facility."

Full post as published by Renewable Energy Law Blog on June 09, 2009 (boomark / email).