Question:

Hello!
In a previous post you discuss how solar providers can set up lease arrangements with nonprofits, which will allow the solar provider to take advantage of the federal investment tax credit. However our accountant has advised us that the type of lease arrangement you discuss – with an option to purchase after five years – would be considered a capital lease and as such the tax credits would flow not to the solar provider but the nonprofit entity (who, of course, could not use them). This is backed up with definitions from the following website. Any thoughts?

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Question:

Our firm has a standard solar PPA agreement for systems less than 100kW that we offer to power purchasers. In the PPA it suggests getting a lease on the roof top to service the equipment. Why wouldn’t a simpler easement work to access the roof top to look after our solar equipment. What are the pro’s and con’s between a lease and an easement?

Thanks,
Vaughn Prost
Missouri Solar Applications, LLC

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