[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5372 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5372
To amend the Internal Revenue Code of 1986 to treat any business credit
attributable to wind, solar, or biomass electricity production and
investment in solar energy property as refundable to the extent the
taxpayer makes new wind, solar, and other renewable energy investments.
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IN THE HOUSE OF REPRESENTATIVES
May 24, 2010
Mr. Meek of Florida (for himself, Mr. Pomeroy, and Mr. Nunes)
introduced the following bill; which was referred to the Committee on
Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to treat any business credit
attributable to wind, solar, or biomass electricity production and
investment in solar energy property as refundable to the extent the
taxpayer makes new wind, solar, and other renewable energy investments.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WIND, SOLAR, AND BIOMASS PRODUCTION AND SOLAR INVESTMENT
CREDITS MADE TEMPORARILY REFUNDABLE.
(a) In General.--Section 38 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(e) Special Rule for Electricity Produced From Wind, Solar, and
Biomass and Investments in Solar Energy Property.--
``(1) In general.--In the case of any specified energy
business credit for any taxable year beginning in 2010 or 2011,
the taxpayer may elect to treat such credit (or any portion
thereof) as allowed for such taxable year under subpart C and
not under this section.
``(2) Limited to investment in wind, solar and other
renewables.--The amount of specified energy business credit
with respect to which an election may be made under paragraph
(1) shall not exceed the basis of any facility described in
section 45(d), or property described in section 48(a)(3),
placed in service by the taxpayer during the subsequent taxable
year.
``(3) Definitions.--For purposes of this subsection--
``(A) Specified energy business credit.--The term
`specified energy business credit' means, with respect
to any taxable year, the sum of--
``(i) any current year business credit
(determined without regard to this subsection)
to the extent determined under section 45(a) or
48(a) with respect to specified energy
property, plus
``(ii) any business credit carryforwards
carried to such taxable year (determined
without regard to this subsection) to the
extent determined under section 45(a) or 48(a)
with respect to specified energy property .
``(B) Specified energy property.--The term
`specified energy property' means any property
described in section 48(a)(3)(A)(i), any facility
described in paragraph (1), (2), or (3) of section
45(d), or any facility using solar energy to produce
electricity and described in section 45(d)(4).
``(4) Special rules.--
``(A) General business credit reduced.--The credit
which would (but for this subsection) be allowed under
subsection (a) for the taxable year shall be reduced by
the amount of credit treated as allowed under subpart C
for the taxable year by reason of paragraph (1).
``(B) Recapture.--The Secretary shall, by
regulations, provide for recapturing the benefit of any
credit treated as allowed under subpart C for a taxable
year by reason of paragraph (1) in the case that the
amount of such credit exceeds the basis of specified
energy property placed in service by the taxpayer
during the subsequent taxable year.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2009.
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