§ 6-2.5-5-10.7 — Tangible personal property exemption; component of solar or wind energy system

Indiana § 6-2.5-5-10.7

• Jurisdiction: Indiana
• Art. 2.5: STATE GROSS RETAIL AND USE TAXES
• Ch. 5: Exempt Transactions of Retail Merchant

Text

7. (a) This section does not apply to tangible
personal property that:
(1) is used to store or consume usable energy, electricity, or heat;
(2) is used to convey, transfer, or alter generated electricity; or
(3) will be used to produce energy for the purchaser's residential
use, regardless of whether any of the energy produced may be
sold to a public utility or power subsidiary.
(b) As used in this section, "solar energy system" means any device
that converts solar energy to a form of usable energy with an originally
rated nameplate production capacity of at least two (2) megawatts.
(c) As used in this section, "wind energy system" means any device,
including a wind turbine, windmill, and wind charger, that converts
wind energy to a form of usable energy with an originally rated
nameplate production capacity of at least two (2) megawatts.
(d) A transaction involving tangible personal property is exempt
from the state gross retail tax if the:
(1) tangible personal property is a component of a solar energy
system or wind energy system; and
(2) person acquiring the tangible personal property is a:
(A) public utility that furnishes or sells electrical energy;
(B) power subsidiary (as defined in IC 6-2.5-1-22.5) that
furnishes or sells electrical energy to a power utility described
in clause (A); or
(C) business that furnishes or sells electrical energy to a public
utility described in clause (A), to a power subsidiary described
in clause (B), or to a renewable utility grade solar electricity or
wind facility that is used to generate electricity for resale to
consumers or wholesalers.

Legislative History

As added by P.L.194-2023, SEC.3.