Calif. Tax-Exempt Property Meets Solar Energy Systems

Law360, New York (January 17, 2014, 6:45 PM EST) -- While helpful, California's Board of Equalization has not exactly taken the most pro-renewable energy position in their new guidance on the effect of the installation of a solar power system on tax-exempt property. In what appears to be a fairly common acquisition structure, for example, a solar power company installs a solar power system that it retains ownership of, and the nonprofit provides the space for installation and then leases the system from the solar company. The nonprofit expects to save more on its energy bills than it pays on the lease. The solar power company, in many cases, can sell or otherwise utilize excess capacity generated by the system, often during nonpeak use hours or on weekends....

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