SC Department Of Revenue Rulings on Sales & Use Taxes

susi wolfson <susan@warrensolar.com>Tue, Sep 20, 2016, 8:36 AM
to randy@lucastaxandenergy.com, me

Randy, We are working with manufactures who are tax exempt on their electricity they purchase; my question is ” if they install a solar system do they have to pay sales tax on said system”?

Thanks so much,

Susi

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randy@lucastaxandenergy.comAttachmentsMon, Sep 19, 2016, 5:20 PM
to susi, me

Susi and Matt: 

As requested, please see the attached rulings regarding South Carolina sales tax exemptions.  Here is a brief summary:

Rev Rul 15-14:  Concludes that the solar energy generating facility is exempt from S&U Taxes but is subject to SC Electric Power Taxes provided the sale to the utliity is not otherwise exempt.  I am still investigating…Rev Rul 10-10 also discusses the Electric Power Tax (see pg 8 of 9), and it appears that the exemption for the generation or electricity by a taxpayer in SC for use of the electricy on their own facility.

Priv Ltr Rul 15-1:  Concludes large scale (74.9 MW) solar farm is exempt from S&U Taxes.  No mention of Electric Power Tax.

Rev Rul 10-10: Concludes that the excess electricity from a net-metering system transferred to the grid is not subject to S&U Taxes.  This ruling states on Pg 9 that is does not apply to net purchase and sale project or by all sell all purchase plans. 

Please review and let’s discuss any questions you may have.

Thanks, 

R

Randy M. Lucas, CPA | Principal Consultant | Lucas Tax + Energy Consulting | Ph. 704.968.5506