IRS Info. Ltr. 2010-0025 (Dec. 28, 2009)

(for taxpayer that places a small wind energy system in service, if the credit (2.1 cents/KwH of electricity produced) exceeds the taxpayer's tax liability, taxpayer may choose to take an energy investment tax credit (30 percent of the cost of the wind system) as an alternative - unused credits may be carried back one year and forward 20 years; there is no specifically required documentation needed to show that a wind energy system was placed in service during the tax year; tax credit not claimable for electricity that taxpayer uses in the taxpayer's business, but energy investment credit may be claimed on property that produces electricity for taxpayer's business; third incentive exists under ARRA 2009 for wind energy systems - taxpayer may apply for and receive a cash payment for 30 percent of the cost of a qualifying wind energy system; Form 3800 must be attached to return and Form 8835 may need to be included and to receive energy investment tax credit Form 3468 may need to be included with return).

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