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Energy Information for Businesses

Business Energy Tax Credit

Legislative changes beginning in 2011, directs the Oregon Department of Energy to close down the Business Energy Tax Credit program. House Bills 3672 (2011) and 4079 (2012) created BETC sunset dates:

  • The first sunset date required all facility owners to complete their projects, submit a final application and be issued a tax credit certificate before January 1, 2013.
  • The second sunset date is for facility owners who showed proof of beginning construction, as described in ORS 315.357 and OAR 330-090-0160. They have until July 1, 2014 to complete the project, submit a final application and be issued a tax credit certificate.
HB 2523 directed ODOE to transfer BETC’s manufacturing component to the Oregon Business Development Department. The 2013 and 2014 sunset dates do not apply to manufacturing projects. Please contact OBDD for more information.
January 1, 2013 Sunset Date
ODOE processed all complete final applications received before January 1, 2013.

For facility owners, unable to identify a pass-through partner, ODOE issued tax credit certificates on Dec. 28, 2012. These facility owners may transfer their tax credits, using the transfer process by submitting the paper work and fee when a transferee has been identified. A facility owner may find their own transferee, or ask ODOE to assist in locating one; however, ODOE cannot guarantee locating a transferee.

Once the facility owner identifies a transferee, the owner must submit to ODOE:

FAQs for the Tax Credit Authorization or Power of Attorney Form for the Transfer Process
Q:
Is this a Tax Information Authorization or a Power of Attorney for Representation?
A:
Tax Information Authorization
Q:
Who is the designee or authorized representative? A: Oregon Department of Energy
Q:
Under the checkbox for specific tax matters, what do we enter?
A:
BETC
If a facility owner is working with a third party intermediary, please complete the notice of intent form.
July 1, 2014 Sunset Date

This sunset date is for facility owners who showed proof of beginning construction per ORS 315.357 and OAR 330-090-0160. Owners must submit a final application before the preliminary certificate expires, or the program sunsets, whichever comes first.

A facility owner may use the pass-through process to transfer the tax credit before the program sunsets. ODOE charges a fee for this service and requires owners to pay the fee before a pass-through can occur.

Facility owners who plan to work with a third party intermediary, please complete the notice of intent form.

Rulemaking

ODOE is starting the rulemaking process to clarify 2014 sunset deadlines, the transfer process and make permanent the Nov. 16, 2012 temporary rule that defines tax credit “use.”

Although the 2011 Oregon Legislature replaced BETC with the new Energy Incentives Program, rulemaking is needed for ODOE to carry out obligations to BETC participants before the program ends in 2014. The public hearing on this is April 24, 2013. For more information: 2013 BETC Rulemaking

Resources

Federal Incentives for Energy Efficiency

Economic Impacts of Energy Tax Credit Program