I 

111TH CONGRESS 

1ST SESSION H. R. 576 

To amend the Internal Revenue Code of 1986 to allow a refundable investment credit, and 5-year depreciation, for property used to manufacture 

solar energy property. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2009 

Ms. GIFFORDS introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to allow a 

refundable investment credit, and 5-year depreciation, 

for property used to manufacture solar energy property. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Solar Manufacturing 

5 Advancement Act of 2009’’. 


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1 SEC. 2. REFUNDABLE INVESTMENT CREDIT AND 5-YEAR DE2 PRECIATION FOR PROPERTY USED TO MANU3 FACTURE SOLAR ENERGY PROPERTY. 

4 (a) IN GENERAL.—Subparagraph (A) of section 

5 48(a)(3) of the Internal Revenue Code of 1986 (defining 

6 energy property) is amended by striking ‘‘or’’ at the end 

7 of clause (vi), by adding ‘‘or’’ at the end of clause (vii), 

8 and by inserting after clause (vii) the following new clause: 

9 ‘‘(viii) property used to manufacture 

10 equipment described in clause (i) or (ii),’’. 

11 (b) 30 PERCENT CREDIT.—Clause (i) of section 

12 48(a)(2)(A) of such Code is amended by striking ‘‘and’’ 

13 at the end of subclause (III) and by inserting after sub14 clause (IV) the following new subclause: 

15 ‘‘(V) property described in para16 graph (3)(A)(viii) but only with re17 spect to periods ending before Janu18 ary 1, 2017, and’’. 

19 (c) CREDIT TO BE REFUNDABLE.—Subsection (c) of 

20 section 38 of such Code (relating to limitation based on 

21 amount of tax) is amended by redesignating paragraph (5) 

22 as paragraph (6) and by inserting after paragraph (4) the 

23 following new paragraph: 

24 ‘‘(5) SPECIAL RULES FOR SOLAR ENERGY

25 PROPERTY MANUFACTURER CREDIT.— 


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1 ‘‘(A) IN GENERAL.—In the case of the 

2 solar energy property manufacturer credit— 

3 ‘‘(i) this section and section 39 shall 

4 be applied separately with respect to such 

5 credit, 

6 ‘‘(ii) in applying paragraph (1) to 

7 such credits— 

8 ‘‘(I) the tentative minimum tax 

9 shall be treated as being zero, and 

10 ‘‘(II) the limitation under para11 graph (1) (as modified by subclause 

12 (I)) shall be reduced by the credit al13 lowed under subsection (a) for the 

14 taxable year (other than the solar en15 ergy property manufacturer credit), 

16 and 

17 ‘‘(iii) the amount of the solar energy 

18 property manufacturer credit in excess of 

19 the limitation under paragraph (1) (as 

20 modified by subclause (II)) shall be treated 

21 as a credit under subpart C. 

22 ‘‘(B) SOLAR ENERGY PROPERTY MANUFAC23 TURER CREDIT.—For purposes of this sub24 section, the term ‘solar energy property manu25 facturer credit’ means so much of the energy 


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1 credit as is attributable to property described in 

2 clause (viii) of section 48(a)(3)(A).’’. 

3 (d) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to property placed in service after 

5 the date of the enactment of this Act and to taxable years 

6 ending after such date. 

Æ 


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