I am a little put off by CALSEIA's standard disclaimer that they do not give tax advice. Of course they don't, and shouldn't. But this doesn't mean that their membership's only recourse is to individually seek out legal/tax opinions. What is to prevent CALSEIA from hiring a tax attorney to render an expert opinion on this matter? I tell my clients that there are two things in this world that I have failed to understand (given the time and inclination to do so): one is string theory (it's not even "wrong") and the other is the Federal Tax Code. I can parse an English sentence as well as the average guy but I do not come away with a definitive take on the matter.
If the "current tax code" says, "an expenditure with respect to an item shall be treated as made when the original installation of the item is completed". If it's a water heater, low flush toilet or some attic insulation, fine. When the contractor installs it and it works, the item is completed. But in the case of a grid-tied PV system neither installation nor permit sign-off renders the installation complete. To take the Los Angeles Department of Water and Power as an example: post inspection by the Department of Building and Safety, a group of solar engineers (from the rebate office) come to the job site and review the installation for compliance with the rebate application and other requirements; another group checks to see if the net metering agreement has been properly executed; yet another individual comes out and locks out the AC disconnect, and finally another group comes out and installs a net meter, and removes the lock. During this whole process, the contractor and the customer are repeatedly warned not to turn on the PV system. I would argue that this sequence of events and the prohibition against putting the system into use - renders completion to be effective the date the LADWP plugs in a net meter and removes the lock on the disconnect and switches the disconnect on. In any event, I am not a tax attorney or tax preparer, and my opinion is not worth a tinker's dam. This scenario needs to be explained to an expert and their advice solicited. There might even be case law to bring to bear on the subject. Does anyone else think that CALSEIA or SEIA for that matter should obtain a legal opinion on behalf their membership? - Peter Peter T. Parrish, Ph.D., President California Solar Engineering, Inc. 820 Cynthia Ave., Los Angeles, CA 90065 Ph 323-258-8883, Mobile 323-839-6108, Fax 323-258-8885 CA Lic. 854779, NABCEP Cert. 031806-26 [EMAIL PROTECTED] _______________________________________________ List sponsored by Home Power magazine List Address: [email protected] Options & settings: http://lists.re-wrenches.org/options.cgi/re-wrenches-re-wrenches.org List-Archive: http://lists.re-wrenches.org/pipermail/re-wrenches-re-wrenches.org List rules & etiquette: www.re-wrenches.org/etiquette.htm Check out participant bios: www.members.re-wrenches.org
