Biomass Energy Tax Credit (Corporate) (South Carolina)
This is the approved revision of this page, as well as being the most recent.
Last modified on February 12, 2015.
Financial Incentive Program
|Name||Biomass Energy Tax Credit (Corporate)|
|Incentive Type||Corporate Tax Credit|
|Eligible Technologies||Landfill Gas, Biomass, CHP/Cogeneration, Anaerobic Digestion|
|Energy Category||Renewable Energy Incentive Programs|
|Amount||25% of eligible costs|
|Carryover Provisions||Excess credit may be carried forward for 15 years|
|Maximum Incentive||650,000 per year; credit may not exceed 50% of tax liability|
|Program Administrator||South Carolina Department of Revenue|
|Date added to DSIRE||2006-07-18|
|Last DSIRE Review||2014-08-12|
|References||DSIREDatabase of State Incentives for Renewables and Efficiency|
In 2007 South Carolina enacted the Energy Freedom and Rural Development Act (S.B. 243), which amended previous legislation concerning a landfill methane tax credit. The original legislation, enacted in 2006, allows a 25% corporate tax credit for costs incurred by a taxpayer for the use of landfill methane gas to provide power for a manufacturing facility. The 2007 amendments allow taxpayers a credit against the income tax and/or license fees for 25% of the purchasing and installation cost of equipment used to create heat, power, steam, electricity, or another form of energy. Fuels used by the equipment must be for commercial use and consist of at least 90% biomass resources.
In 2011, the South Carolina Department of Revenue issued a private ruling that the tax credit could be applied to an individual's income taxes. Specifically, a limited liability company (LLC) utilizing the biomass tax credit is allowed to pass through the credit to the shareholders of an S Corporation owning 60% of the parent LLC, provided there are at least four shareholders and all are residents of South Carolina. Costs incurred by a taxpayer must be certified by the State Energy Office, in consultation with the South Carolina Department of Agriculture and the South Carolina Institute for Energy Studies, in order to qualify for the credit.
The tax credit for all expenditures is limited to $650,000 per taxpayer year and may not exceed 50% of a taxpayer's liability for that year. Unused credits may be carried forward for 15 years. For a fiscal year, all claims may not exceed $650,000 and must apply proportionately to all eligible claimants. To obtain the maximum amount of credit available, the taxpayer must submit a request for credit to the State Energy Office by January 31st for all qualifying equipment placed in service in the previous calendar year. The State Energy Office must notify the taxpayer that it qualifies for the credit and the amount of credit allocated to the taxpayer by March 1st of that year.
For purposes of this credit, a biomass resource means non-commercial wood, by-products of wood processing, demolition debris containing wood, agricultural waste, animal waste, sewage, landfill gas, and other organic materials, not including fossil fuels. "Commercial use" means a use intended for the purpose of generating a profit. A "manufacturing facility" means an establishment where tangible personal property is produced or assembled.
|Contact Name||Public Information|
|Department||South Carolina Energy Office|
|Address||1200 Senate Street|
|Address 2||408 Wade Hampton Building|
|Place||Columbia, South Carolina|
|Phone 2||(800) 851-8899|
Authorities (Please contact the if there are any file problems.)
|Authority 1:||S.C. Code § 12-6-3620|
- Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.