1603 Grants

Section 1603 of the American Recovery and Reinvestment Act of 2009 enables owners of many types of renewable energy facilities to qualify for a 30% cash grant instead of the federal income tax credits (ITC) under Internal Revenue Code Sections 45 and 48.

Cleantech Law Partners, a boutique renewable energy law firm, regularly files 1603 applications on behalf of its clients and runs a blog site which answers lots of questions about the 1603 application process.  We posted some of the questions and answers below. If you'd like to post a question and get some free legal advice, visit: http://law.cleantechies.com/

__________________________________________________________________________________


If an individual runs a business out of his home and installs solar panels on his residence, can he qualify for a 1603 grant in lieu of a credit? And how many years can one carry forward a tax credit should they not be able to qualify for the grant?
Answer



__________________________________________________________________________________

In a previous post you discuss how solar providers can set up lease arrangements with nonprofits, which will allow the solar provider to take advantage of the federal investment tax credit. However our accountant has advised us that the type of lease arrangement you discuss – with an option to purchase after five years – would be considered a capital lease and as such the tax credits would flow not to the solar provider but the nonprofit entity (who, of course, could not use them). This is backed up with definitions from the following website. Any thoughts?


__________________________________________________________________________________

Are Solar Projects in Puerto Rico Eligible for 1603 Funding?
We would like to get some information regarding the possible 30% grant under section 1603 for our Solar Photo Voltaic Panel power generation project in Puerto Rico. The project’s first stage size is @ 20 MW.  The cleanup proposal has been finalized. The main concern (question) we have regarding this project is, which we would like to get answer from you is: Is this project, which will be executed in Puerto Rico (Commonwealth) is subject to receive ARRA grant of 30% cash back?
Answer



__________________________________________________________________________________

I have a solar power project using Uni-Solar thin-film peel and stick solar panels applied directly to a new TPO roof structure. I want to confirm the eligibility of the new TPO roof as a solar support structure, being the Uni-Solar product is directly applied to this roofing material. I have additional counsel who have said that the cost of the roof is eligible for the federal 30% ITC or the SB1603 U.S. Treasury Grant in Lieu of the ITC, since it is used as the structure that holds the solar panel to the roof. Is there any language I can share with our client to verify and confirm this premise?
Answer



__________________________________________________________________________________


What Costs can be Included in a Solar Grant Application?
My company offers a range of energy efficiency products including solar electric. A question has come up regarding whether the federal tax credit can be applied to services and products included in the contract price for a solar system and install. Specifically, we’ve heard conflicting opinions on including a new roof or part of a roof, and/or tree removal with the contract. Would we be in trouble if, hypothetically, we installed a unique looking solar system at a relatively high cost (tax credit savings go up), then paid a marketing fee back to the customer after the install for access to the project for our marketing efforts?
Answer


__________________________________________________________________________________


Cleantech Law Partners is a boutique law firm that caters exclusively to the legal and policy needs of renewable energy project developers and cleantech companies.  The firm files 1603 grant applications on behalf of its clients.  To arrange a free consultation with a CLP attorney, please visit their website or email: grants@cleantechlawpartners.com