469B.167
Certificate required for tax credits; certification not to exceed five years. (1)(a) A certificate issued under
ORS 469B.161 is required for purposes of obtaining tax credits in accordance
with ORS 315.354. Such certification shall be granted for a period not to
exceed five years. The five-year period shall begin with the tax year of the
applicant during which the completed application for final certification of the
facility under ORS 469B.161 is received by the State Department of Energy.
(b) For a
transferee holding a credit that has been transferred under ORS 469B.148 or
469B.154, the five-year period shall begin with the tax year in which the
transferee pays for the credit.
(2)
Notwithstanding subsection (1) of this section, for a facility using or
producing renewable energy resources with a certified cost that exceeds $10
million and that receives final certification under ORS 469B.161 after January
1, 2010:
(a) The five-year
period prescribed in subsection (1)(a) of this section shall begin with the tax
year immediately following the tax year during which the completed application
for final certification of the facility under ORS 469B.161 is received by the
department.
(b) If claimed by
a transferee, the first of five tax years in which the transferee may claim the
credit is the tax year in which the transferee paid for the credit or the tax
year prescribed in paragraph (a) of this subsection, whichever is later.
(c) An
application shall be considered complete without the identification of a
transferee for purposes of ORS 469B.148 or 469B.154.
(3) If the
original owner of the certificate uses any portion of the credit, the
certificate becomes nontransferable. [Formerly 469.220]
Notes of Decisions
Dept. of Rev. v. Sedgewick, 24 Or. Tax 178 (Or. T.C. 2020).
· cites it 4× “161(2). The function of a final certificate was to substantiate that the facility had “received final certification” from ODOE and that the per- son shown on the certificate was entitled to use the credit to offset tax liability.”
Cascade Kelly Holdings, LLC v. Oregon Dep't of Energy, 365 P.3d 603 (Or. Ct. App. 2015).
““(b) If an applicant uses any portion of the tax credit it may not be transferred, in accordance with ORS 469B.167(3). For the purposes of transferring the tax credit, a tax credit is considered used when any portion of the tax credit reduces or offsets any portion of the…”
— Or. Rev. Stat. § 469B.167(1) — 1 case
Dept. of Rev. v. Sedgewick, 24 Or. Tax 178 (Or. T.C. 2020).
“161(2). The function of a final certificate was to substantiate that the facility had “received final certification” from ODOE and that the per- son shown on the certificate was entitled to use the credit to offset tax liability.”
— Or. Rev. Stat. § 469B.167(1)(a) — 1 case
Dept. of Rev. v. Sedgewick, 24 Or. Tax 178 (Or. T.C. 2020).
“161(2). The function of a final certificate was to substantiate that the facility had “received final certification” from ODOE and that the per- son shown on the certificate was entitled to use the credit to offset tax liability.”
— Or. Rev. Stat. § 469B.167(3) — 1 case
Cascade Kelly Holdings, LLC v. Oregon Dep't of Energy, 365 P.3d 603 (Or. Ct. App. 2015).
““(b) If an applicant uses any portion of the tax credit it may not be transferred, in accordance with ORS 469B.167(3). For the purposes of transferring the tax credit, a tax credit is considered used when any portion of the tax credit reduces or offsets any portion of the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.