West Virginia Code of State Rules
Agency 110 - Tax
Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT
Series 110-21D - Residential Solar Energy Tax Credit
Section 110-21C-2 - Definitions
Universal Citation: 110 WV Code of State Rules 110-21C-2
Current through Register Vol. XLI, No. 38, September 20, 2024
2.1. General Rule. -- Unless a specific definition is provided in subsection 2.2 of this section, or the context in which the term is used clearly requires a different meaning, the terms used in this rule have the definitions provided under W. Va. Code §§ 11-10-1, et seq. and 11-21-1, et seq.
2.2. Terms defined.
2.2.a. "Active solar heating"
means a solar system that uses air or water that is moved by pumps or fans to
collect, store and distribute the sun's energy to a residence or part of a
residence.
2.2.b. "Component" means
a solar energy system's equipment and materials.
2.2.c. "Cost to purchase and install" means
reasonable and prudent funds actually invested and expended by a taxpayer into
acquiring and placing into service equipment or components of a solar energy
system in a residence to operate and produce energy at the expected level for a
system of its size.
2.2.c.1. The costs may
include expenditures for:
2.2.c.1.A.
Architectural and engineering services, and designs and plans directly related
to the construction or installation of the solar energy system;
2.2.c.1.B. Labor costs properly allocable to
on-site preparation, assembly and original installation;
2.2.c.1.C. Materials; and
2.2.c.1.D. Delivery Fees.
2.2.c.2. The expenditures may not
include:
2.2.c.2.A. Any part of the purchase
price which is optional, such as an extended warranty;
2.2.c.2.B. Discounts; rebates; refunds; or
federal, state or other grants;
2.2.c.2.C. Fees for use permits or
variances;
2.2.c.2.D. Interest or
other finance charges;
2.2.c.2.E.
Land costs;
2.2.c.2.F. Legal and
court costs;
2.2.c.2.G. Operating
and maintenance costs;
2.2.c.2.H.
Patent search fees;
2.2.c.2.I.
Repair costs;
2.2.c.2.J. Service
contracts;
2.2.c.2.K. Supplemental
heating equipment costs used with solar collectors;
2.2.c.2.L. Unpaid equipment or materials;
or
2.2.c.2.M. Unpaid labor
including the taxpayer's labor.
2.2.d. "Credit" means the tax credit for
purchasing and installing a solar energy system as a qualified rehabilitated
building investment authorized by W. Va. Code §§
11-21-8a
or
11-24-23a.
2.2.e. "Domestic water heating" means the
heating of water used in a residence for bathing, clothes washing, dishwashing
and other related functions.
2.2.f.
"Installation" means the date in which the solar energy system is placed into
service and becomes eligible for the solar energy system tax credit.
2.2.g. "OG" means operating guidelines
developed by the Solar Rating and Certification Corporation (SRCC) including
system performance or component characteristics defined by the SRCC in its
directory. Operating guidelines shall be from the directory in effect at the
date this rule is adopted.
2.2.h.
"OG-100" means a rating and certification program administered by the SRCC that
applies to that part of a solar energy system that is exposed to the sun and
collects the sun's heat. The collectors can be used to heat water, air or other
heat transfer media.
2.2.i.
"OG-300" means a rating and certification program administered by the SRCC that
applies to solar hot water systems and integrates results of collector tests
with a performance model for the entire system and determines whether the
system meets minimum standards for system durability, reliability, safety and
operation.
2.2.j. "Passive solar
space heating" means an energy system or building design that collects and
stores solar energy received directly through south facing windows. The system
or design is without powered moving parts and includes provisions to collect,
store and distribute the sun's energy using only convection, radiation and
conduction of energy.
2.2.k.
"Photovoltaic (PV)" means relating to the production of electric current at the
junction of two substances exposed to light.
2.2.l. "Photovoltaic cell" means a device
capable of converting sunlight directly to direct current
electricity.
2.2.m. "Photovoltaic
module" means a number of photovoltaic cells (usually 20 or more) that are
usually mounted within a frame under a transparent glass or plastic covering to
form a module.
2.2.n. "Photovoltaic
panel" means a panel consisting of a collecting of solar cells capable of
producing direct current (DC) electrical energy when exposed to
sunlight.
2.2.o. "Photovoltaic (PV)
system" means an energy system that collects or absorbs sunlight for conversion
into electricity. This includes solar collectors, batteries, inverters and
solar system related wiring.
2.2.p.
"Placed in service" means the date when a solar energy system is ready and
available to produce useable energy.
2.2.q. "Solar collector" means a solar
thermal collector or photovoltaic module.
2.2.r. "Solar domestic water heating system"
means an energy system that uses roof-mounted or free-standing solar collectors
to pre-heat incoming cold water so that on a sunny day, little or no backup
water heating is needed.
2.2.s.
"Solar electric system" (also called "PV" system) means an energy system that
generates electricity directly from the sun using photovoltaic
modules.
2.2.t. "Solar energy
collector" means the solar thermal system component that absorbs solar energy
for conversion into heat.
2.2.u.
"Solar energy system" means a solar thermal system or photovoltaic system. The
system includes all controls, tanks, pumps, heat exchangers, and other
equipment used directly and exclusively for the solar energy system. The system
does not include any land or structural elements of the building, such as walls
and roofs, or other equipment ordinarily contained in the structure.
2.2.v. "Solar Rating and Certification
Corporation (SRCC)" means an independent third-party certification entity that
administers national certification and rating programs for solar energy
equipment.
2.2.w. "Solar thermal
system" means a system consisting of a solar energy collector with the primary
purpose of converting sunlight to thermal energy and all devices and apparatus
necessary to transfer and store the collected thermal energy for the purposes
of heating water, space heating, or space cooling.
2.2.x. "Tax Commissioner" means the West
Virginia State Tax Commissioner or his or her designee.
2.2.y. "Tax credit" means the solar energy
system state tax credit.
2.2.z.
"Taxpayer" means and includes any person or entity seeking to establish
entitlement to the tax credit addressed in this rule.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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