{"id":389,"date":"2011-08-26T09:00:53","date_gmt":"2011-08-26T14:00:53","guid":{"rendered":"http:\/\/stateimpact.npr.org\/oklahoma\/?p=389"},"modified":"2012-12-20T10:22:03","modified_gmt":"2012-12-20T16:22:03","slug":"q-where-can-you-find-a-firm-tax-credit-a-the-oklahoma-wind","status":"publish","type":"post","link":"https:\/\/stateimpact.npr.org\/oklahoma\/2011\/08\/26\/q-where-can-you-find-a-firm-tax-credit-a-the-oklahoma-wind\/","title":{"rendered":"Q: Where Can You Find a Firm Tax Credit? A: The Oklahoma Wind"},"content":{"rendered":"
\"\"<\/a><\/p>\n

Travel Aficionado \/ Flickr<\/p>\n

The 147-megawatt Weatherford Wind Energy Center.<\/p>\n<\/div>

The impetus for Oklahoma\u2019s tax credit task force \u2014 and much of the current debate about the state\u2019s tax incentives \u2014 is rooted in a 2010 opinion by then-Attorney General Drew Edmondson.<\/p>

State Rep. David Dank (R-Oklahoma City), the task force\u2019s co-chair, said the incentives discussed at Wednesday\u2019s meeting were among those deemed<\/a> \u201cconstitutionally infirm\u201d by Edmondson.<\/p>

\u201cInfirm means sick,\u201d Dank said in his opening remarks, adding that he hoped the task force could find a cure.<\/p>

One healthy tax credit, if you read into Edmondson\u2019s opinion, is the Tax Credit for Manufacturers of Small Wind Turbines<\/a>, which serves as a good model by which to evaluate Oklahoma\u2019s other tax incentives.<\/p>

In his opinion, Edmondson outlines the criteria for a sound \u2014 and constitutional \u2014 economic incentive.<\/p>\n

Tax credits must:<\/strong>
\n1. serve a public purpose,
\n2. be supported by adequate consideration, and
\n3. have adequate controls and safeguards.<\/p><\/blockquote>

Applying the three-part test to the wind turbine credit is easy, Edmondson wrote. The tax credit serves a public purpose, \u201cbecause using renewable energy to conserve our natural resources benefits all Oklahomans.\u201d<\/p>

The tax credit meets the consideration requirement because \u201cadvanced small wind turbines\u201d must actually<\/em> be manufactured.<\/p>

Adequate controls are in place because the company agrees to have their production and claims audited by the Oklahoma Tax Commission before claiming the credit, and because no credit is issued until the manufacturer has actually manufactured advanced small wind turbines.<\/p>

In his letter to the attorney general\u2019s office, Rep. Dank asked about the constitutionality of transferable tax credits, and whether transferring tax credits could be considered a \u201cgift.\u201d<\/p>

One tax credit that meets the three-part test and appears to be transferable, according to Edmondson: the Tax Credit for Manufacturers of Small Wind Turbines.<\/p>\n","protected":false},"excerpt":{"rendered":"

The impetus for Oklahoma\u2019s tax credit task force \u2014 and much of the current debate about the state\u2019s tax incentives \u2014 is rooted in a 2010 opinion by then-Attorney General Drew Edmondson.State Rep. David Dank (R-Oklahoma City), the task force\u2019s co-chair, said the incentives discussed at Wednesday\u2019s meeting were among those deemed \u201cconstitutionally infirm\u201d by […]<\/p>\n","protected":false},"author":36,"featured_media":395,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[492,16],"tags":[55,60,77],"acf":[],"_links":{"self":[{"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/posts\/389"}],"collection":[{"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/users\/36"}],"replies":[{"embeddable":true,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/comments?post=389"}],"version-history":[{"count":14,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/posts\/389\/revisions"}],"predecessor-version":[{"id":12186,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/posts\/389\/revisions\/12186"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/media\/395"}],"wp:attachment":[{"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/media?parent=389"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/categories?post=389"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/tags?post=389"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}