Petition for Writ of Mandamus - Filed - Supreme Court of Texas

TAX CODE CHAPTER 171. FRANCHISE TAX
http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.171.htm
Page 55 of 88
6/25/2012
provide heating or cooling or to produce electrical or
mechanical power by collecting and transferring solar-generated
energy. The term includes a mechanical or chemical device that has
the ability to store solar-generated energy for use in heating or
cooling or in the production of power.
(b) A taxable entity may deduct from its apportioned margin 10
percent of the amortized cost of a solar energy device if:
(1) the device is acquired by the taxable entity for
heating or cooling or for the production of power;
(2) the device is used in this state by the taxable
entity; and
(3) the cost of the device is amortized in accordance with
Subsection (c).
(c) The amortization of the cost of a solar energy device must:
(1) be for a period of at least 60 months;
(2) provide for equal monthly amounts or conform to
federal depreciation schedules;
(3) begin on the month in which the device is placed in
service in this state; and
(4) cover only a period in which the device is in use in
this state.
(d) A taxable entity that makes a deduction under this section
shall file with the comptroller an amortization schedule showing the
period in which a deduction is to be made. On the request of the
comptroller, the taxable entity shall file with the comptroller proof
of the cost of the solar energy device or proof of the device's
operation in this state.
Acts 1981, 67th Leg., p. 1698, ch. 389, Sec. 1, eff. Jan. 1, 1982.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 8.07, eff. Jan.
1, 1992; Acts 1999, 76th Leg., ch. 1467, Sec. 2.59, eff. Jan. 1, 2000.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch. 1, Sec. 5, eff. January 1,
2008.
Sec. 171.108. DEDUCTION OF COST OF CLEAN COAL PROJECT FROM
MARGIN APPORTIONED TO THIS STATE. (a) In this section, "clean coal
project" has the meaning assigned by Section 5.001, Water Code.