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CPA's, EA's, Tax Preparers - Denied LA Solar Credit

Posted on 8/23/16 at 9:58 am
Posted by SippyCup
Gulf Coast
Member since Sep 2008
6142 posts
Posted on 8/23/16 at 9:58 am
Anyone have clients receiving the letters yet? I had two clients bring in their letters last week and they were both e-filed on the first day. I'm curious as to how the state managed the influx of filings and if they really were on a first come first serve basis.

As with any refund denial they have the right to appeal but I'm not sure if its worth the time and money. Might as well wait for the law suits to settle as was the case with the alternative fuel tax credit.
This post was edited on 8/23/16 at 9:58 am
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37116 posts
Posted on 8/23/16 at 10:35 am to
Yup. Tell your clients to call their state rep and state senator and raise holy hell. The legislature voted for this stupid cap system, instead of doing the rational thing and just cutting them off for all panels purchased after a certain date.

I've been told they are truly doing it in first-in order. No way to know if this is true.
Posted by SippyCup
Gulf Coast
Member since Sep 2008
6142 posts
Posted on 8/23/16 at 11:09 am to
quote:

I've been told they are truly doing it in first-in order. No way to know if this is true.


I guess we will find out soon. I had roughly 20-25 clients that had the credit, some were filed on the first day others over the next few weeks and months. If one of the later filings gets their money (none have thus far) then we know the first-in order is not valid.

Would you agree that an appeal is pointless? This seems to be the consensus in the office and with other CPA's I have spoken with. The LDR is just following the law. My only argument would be to appeal on the grounds that it was timely filed and possibly pushed to the side, but we don't know this for a fact.
This post was edited on 8/23/16 at 11:10 am
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37116 posts
Posted on 8/23/16 at 11:37 am to
I think the only way you can win an appeal is if somehow you could prove that the order of approvals got messed up.

It's a terrible law, but it is a law, not a regulation.

I think the better approaches are 1) trying to get the law thrown out, which I'm not sure would actually win, or 2) try to get the state legislature / JBE to retroactively pay for these credits, which I thought would not happen until the 2017 special session... but it's not impossible given the flooding that we could see a third special for 2016 sometime this fall, and maybe that could be addressed there.
Posted by SippyCup
Gulf Coast
Member since Sep 2008
6142 posts
Posted on 8/23/16 at 11:56 am to
quote:

I think the only way you can win an appeal is if somehow you could prove that the order of approvals got messed up.


What isn't messed up at the LDR. I'm leaning towards recommending sitting tight and waiting for a lawsuit (alt fuel situation) and/or a retroactive payment decision.

Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 8/23/16 at 3:41 pm to
The LDR is being a good soldier for the state of Louisiana, and following orders that it knows are going to be ruled invalid. They are doing what is necessary to manage cash flows for purposes of having a balanced budget. The courts will eventually determine that all who acted in good faith and qualified for the solar credit when they purchased the equipment are entitled to the credit. There is no financial benefit for your clients to pursue the matter before the courts act, and there it may be detrimental to you as a professional if you alienate one, or more, LDR employee.

Explain the situation to your clients, and tell them that any fees they pay to pursue the matter will not accelerate recovery of the tax credit. Use the alternative fuel credit as a historic reference that they will get paid when the courts invalidate the ex post facto law and violation of equal protection.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37116 posts
Posted on 8/23/16 at 3:51 pm to
quote:

Poodlebrain


Glad you are back in the land of the posters. Was starting to worry if all the LDR and IRS overregulation and inability to handle basic requests had caused you to take on the life of a hermit.
Posted by GeauxBlonde
Member since Feb 2013
170 posts
Posted on 8/27/16 at 3:02 pm to
We filed feb 21. Got a letter a month or so ago saying we missed the 2015 cap, but were approved under the 2016 cap and that we would still receive the credit by the end of this September.

Our refund, with the credit, was deposited today. I was shocked to see it already deposited.
Posted by TigerintheNO
New Orleans
Member since Jan 2004
41208 posts
Posted on 8/28/16 at 1:17 pm to
WWLTV did a segment on the Solar Credit over the summer. It went through the process of what is now taking place. Their website might have a link to the story.
Posted by SippyCup
Gulf Coast
Member since Sep 2008
6142 posts
Posted on 8/29/16 at 8:21 am to
quote:

We filed feb 21.

quote:

were approved under the 2016 cap


This basically proves my assumption that the LDR had no system in place to properly account for the order in which returns were filed. A return filed on Jan 20 is deemed to have been filed after the funds have run out, yet a Feb 21 filed return was timely filed.
Posted by CoachChappy
Member since May 2013
32558 posts
Posted on 8/29/16 at 10:33 am to
We e-filed ours 2 years ago and was told it would have to be paper filed. Then, the return went into a review status that took months to be reviewed. I want to say we got our refund check somewhere in October.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 8/29/16 at 10:59 am to
I never filed a return claiming the solar credit for less than the full $12,500 available from Louisiana. Assuming that is the case for all those seeking the credit, and the fact that the total credits were capped at $10 million for 2015, only 800 taxpayers will receive the credits they claim. The same cap applies to 2016, and the cap gets reduced to $5 million for 2017-2018.

That is one hell of an incentive to cover only 2,400 homes throughout the entire state over a 4 year period. It's not an incentive to the taxpayers it is a subsidy to the installers.
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