MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Ways and Means
By: Representatives Dedeaux, Barker, Jones (111th)
AN ACT TO AUTHORIZE AN INCOME TAX CREDIT FOR COSTS INCURRED BY A TAXPAYER FOR THE PURCHASE AND INSTALLATION OF WIND ENERGY SYSTEMS AND SOLAR ENERGY SYSTEMS IN PROPERTY THAT IS THE PRIMARY RESIDENCE OF THE TAXPAYER, IS OWNED BY THE TAXPAYER AND RENTED TO OTHERS FOR DWELLING PURPOSES OR IS OWNED BY THE TAXPAYER AND USED FOR COMMERCIAL BUSINESS PURPOSES; TO PROVIDE FOR THE AMOUNT OF THE CREDIT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) There shall be allowed as a credit against the taxes imposed by this chapter a portion of the costs incurred by a taxpayer for the purchase and installation of a wind energy system or solar energy system, or both, in property that is (i) the primary residence of the taxpayer, (ii) owned by the taxpayer and rented to others for dwelling purposes and/or (iii) owned by the taxpayer and used for commercial business purposes. The credit authorized under this section shall not exceed the lesser of fifty percent (50%) of the first Twenty-five Thousand Dollars ($25,000.00) of the costs incurred by a taxpayer for such purposes or the amount of tax imposed upon the taxpayer for the taxable year reduced by the sum of all other credits allowable to such taxpayer under this chapter, except credit for tax payments made by or on behalf of the taxpayer. Any unused portion of the credit may be carried forward for the succeeding five (5) tax years.
(b) In the case of a taxpayer who purchases and installs such a system, the tax credit shall be claimed for the taxable year in which the system is completed and placed in service. In the case of a taxpayer who purchases a newly constructed property with such a system in place, the tax credit shall be claimed for the taxable year in which the purchase of the property occurs.
(c) For the purposes of this section:
(i) "Wind energy system" means a system of apparatus and equipment with the primary purpose of intercepting and converting wind energy into mechanical or electrical energy and transferring this form of energy by a separate apparatus to the point of use or storage.
(ii) "Solar energy system" means an energy system with the primary purpose of collecting or absorbing sunlight for conversion into electricity or an energy system with the primary purpose of collecting or absorbing solar energy for conversion into heat for the purposes of space heating, space cooling or water heating.
(2) The State Tax Commission shall promulgate rules and regulations necessary for the implementation and administration of this section.
SECTION 2. Section 1 of this act shall be codified as a separate section in Chapter 7, Title 27, Mississippi Code of 1972.
SECTION 3. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.
SECTION 4. This act shall take effect and be in force from and after January 1, 2010, and shall stand repealed from and after December 31, 2009.