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1selkie
New Member

Solar "placed into service" requirements

We are about to get additional solar panels and battery storage which will NOT be connected to the grid. Does the  requirement to be "placed into service" include having an inspection? If it's paid for and installed, but not yet inspected, does it still qualify? 

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6 Replies

Solar "placed into service" requirements

You would have to ask a tax attorney.  The problem is that the "placed in service" language is used for business property, it is not used for the home solar credit.  The home solar credit says "when the original installation of the item is completed."

 

To me, placed in service means installed, inspected, and fully operational.  "Completed" might or might not mean the same thing. If you can use the battery (it powers the house but is not connected to the grid) even though it is not inspected, that might be enough.  If you can't use it yourself, that might not be enough.  But I am not an attorney and can't tell you if there is any important difference between "completed" and "placed in service."  It would be your risk to explain if you were audited. 

1selkie
New Member

Solar "placed into service" requirements

Unfortunately I do not have a tax attorney, nor time or money to engage one.

 

Here is the issue.  It is my understanding that until something is inspected, you are not allowed to power it on or use it.  We could physically do it, but not legally. It all hinges on whether an inspection is a necessary part of being placed into service.

 

There have been project delays, and it has to be finished by the 31st.  With the holidays it is not likely we can get it inspected (install is scheduled for the 18-19th) by then.  So it's taking a $15K risk on one word!

 

Why the heck is the IRS not required to be clear about what they want?

Solar "placed into service" requirements


@1selkie wrote:

 

Why the heck is the IRS not required to be clear about what they want?


In this case blame Congress for using the word "placed in service" in one part of the tax code and "completed" in a different part of the code.  

 

An AI summary from duckduckgo says this:

"Completed" refers to the point when a project or asset is fully finished, while "placed in service" is the date when an asset is first used for its intended purpose and begins to depreciate for tax purposes."

 

The internet is all over the place on this issue.  One solar company claim that the IRS changed the rule from "placed in service" to "completed" and references this notice, but the notice says no such thing.

https://www.irs.gov/newsroom/faqs-for-modification-of-sections-25c-25d-25e-30c-30d-45l-45w-and-179d-...

 

A law firm web page says the system must be "completed and placed in service" by Dec 31, which is not actually what the law says, unless "completed" and "placed in service" mean the same thing, for which they give no proof.

 

I think it is pretty clear that a solar system can't be placed in service for business depreciation purposes until it actually turned on, which usually requires inspection. However, the personal solar credit only says "completed".  I have always before taken the position that the solar credit could not be claimed until the system was placed in service, but a couple of months ago, another customer asked about the difference between placed in service and completed, and I have to admit that I don't know the difference other than the AI summary above, and I can't find any IRS guidance.  And of course, this is especially important now with the credit ending.

 

You always have the final responsibility for your own tax return.  Very few people are audited, and this is a grey area.  For a credit that might be as much as $5000-$10,000, you could afford a professional consultation if you wanted to.  I can't give legal advice and I can't even find a decent source that discusses the issue.   What you do is ultimately up to you.  

1selkie
New Member

Solar "placed into service" requirements

Thank you. At least I'm not alone in the confusion! 

Solar "placed into service" requirements

I'll just throw my opinion out here:  In my opinion, the installation is "completed" (and therefore qualify for the tax credit) when it is able to power the home, regardless if inspections have been done or not.

Solar "placed into service" requirements


@Opus 17 wrote:
However, the personal solar credit only says "completed".  I have always before taken the position that the solar credit could not be claimed until the system was placed in service, but a couple of months ago, another customer asked about the difference between placed in service and completed, and I have to admit that I don't know the difference other than the AI summary above, and I can't find any IRS guidance.

 

Interestingly, a well-known and highly respected tax professional posted his opinion and logic about this today:

 

https://www.tomtalkstaxes.com/p/solar-installation

 

 

 

 

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