A BILL TO BE ENTITLED
AN ACT to allow a tax credit to contributors to units of state and local governments for renewable energy property.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 105‑129.16H reads as rewritten:
"§ 105‑129.16H. Credit for donating funds to a nonprofit organization or unit of State or local government to enable the nonprofit or government unit to acquire renewable energy property.
(a)	Credit. – A taxpayer who donates money to a tax‑exempt nonprofit organization or unit of State or local government for the purpose of providing funds for the organization or government unit to construct, purchase, or lease renewable energy property is allowed a credit under this section if the nonprofit organization uses the donation for its intended purpose. A tax‑exempt nonprofit organization is an organization that is exempt from tax under section 501(c)(3) of the Code.
The amount of the credit allowed in this section is the taxpayer's share of the credit the nonprofit organization or unit of State or local government could claim under G.S. 105‑129.16A if the nonprofit organization or unit of State or local government were subject to tax. The taxpayer's share of the credit is calculated by dividing the taxpayer's donation by the cost of the renewable energy property constructed, purchased, or leased by the nonprofit organization or government unit and placed in service during the taxable year and then multiplying this percentage by the amount of the credit the nonprofit organization or government unit could claim if it were subject to tax. A taxpayer must take the credit allowed by this section in the year in which the property is placed in service. The installment requirements in G.S. 105‑129.16A for nonresidential property do not apply to the credit allowed in this section.
(b)	Records. – A nonprofit organization or unit of State or local government must keep a record of all donations it receives for the purpose of providing funds for the organization to construct, purchase, or lease renewable energy property and of the amount of the donations used for this purpose. If a nonprofit organization or unit of State or local government places renewable energy property in service that is purchased in whole or in part from donations made for this purpose, the nonprofit organization or unit of State or local government must give each taxpayer who made a donation a statement setting out the amount of the credit for which the taxpayer qualifies under this section. The statement must describe the renewable energy property placed in service and state the cost of the property, the amount of the credit the nonprofit organization or unit of State or local government could claim under G.S. 105‑129.16A if it were subject to tax, and the taxpayer's share of the credit allowed in this section. If the donations made for the renewable energy property exceed the cost of the property, the nonprofit organization or unit of State or local government must prorate each taxpayer's share of the credit. The sum of the credits allowed under this section to taxpayers who make donations to a nonprofit organization or unit of State or local government may not exceed the amount of the credit the nonprofit organization or unit of State or local government could claim under G.S. 105‑129.16A if it were subject to tax.
(c)	No Double Benefit. – A taxpayer who claims a credit under this section based on a donation to a nonprofit organization or unit of State or local government is not allowed to deduct this donation as a charitable contribution."
SECTION 2.  G.S. 105‑130.5(a)(20) reads as rewritten:
"(a)	The following additions to federal taxable income shall be made in determining State net income:
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(20)	The amount of a donation made to a nonprofit organization or unit of State or local government for which a credit is claimed under G.S. 105‑129.16H."
SECTION 3.  G.S. 105‑134(c)(5b) reads as rewritten:
"(c)	Additions. – The following additions to taxable income shall be made in calculating North Carolina taxable income, to the extent each item is not included in taxable income:
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(5b)	The amount of a donation made to a nonprofit organization or unit of State or local government for which a credit is claimed under G.S. 105‑129.16H."
SECTION 4.  G.S. 105‑259(b)(38) reads as rewritten:
"(b)	Disclosure Prohibited. – An officer, an employee, or an agent of the State who has access to tax information in the course of service to or employment by the State may not disclose the information to any other person unless the disclosure is made for one of the following purposes:
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(38)	To verify with a nonprofit organization or unit of State or local government information relating to eligibility for a credit under G.S. 105‑129.16H."
SECTION 5.  This act is effective for taxable years beginning on or after January 1, 2008.