A BILL TO BE ENTITLED
AN ACT to remove the cap on the energy credits.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 105‑129.17 reads as rewritten:
"§ 105‑129.17.  Tax election; cap.
(a)	Tax Election. – The credit allowed in G.S. 105‑129.16A is allowed against the franchise tax levied in Article 3 of this Chapter, the income taxes levied in Article 4 of this Chapter, or the gross premiums tax levied in Article 8B of this Chapter. All other credits allowed in this Article are allowed against the franchise tax levied in Article 3 of this Chapter or the income taxes levied in Article 4 of this Chapter. The taxpayer must elect the tax against which a credit will be claimed when filing the return on which the first installment of the credit is claimed. This election is binding. Any carryforwards of a credit must be claimed against the same tax.
(b)	Cap. – The credits allowed in G.S. 105‑129.16E, 105‑159.16G, and 105‑129.16J may not exceed fifty percent (50%) of the tax against which they are claimed for the taxable year, reduced by the sum of all other credits allowed against that tax, except tax payments made by or on behalf of the taxpayer. This limitation applies to the cumulative amount of credit, including carryforwards, claimed by the taxpayer under this Article against each tax for the taxable year. Any unused portion of the credits may be carried forward for the succeeding five years."
SECTION 2.  This act is effective for taxes imposed for taxable years beginning on or after January 1, 2011.