(a) This section does not apply to tangible personal property that:(1) is used to store or consume usable energy, electricity, or heat;(2) is used to convey, transfer, or alter generated electricity; or(3) will be used to produce energy for the purchaser's residential use, regardless of whether any of the energy produced may be sold to a public utility or power subsidiary.(b) As used in this section, 'solar energy system' means any device that converts solar energy to a form of usable energy with an originally rated nameplate production capacity of at least two (2) megawatts.(c) As used in this section, 'wind energy system' means any device, including a wind turbine, windmill, and wind charger, that converts wind energy to a form of usable energy with an originally rated nameplate production capacity of at least two (2) megawatts.(d) A transaction involving tangible personal property is exempt from the state gross retail tax if the:(1) tangible personal property is a component of a solar energy system or wind energy system; and(2) person acquiring the tangible personal property is a:(A) public utility that furnishes or sells electrical energy;(B) power subsidiary (as onent of a solar energy system or wind energy system; and(2) person acquiring the tangible personal property is a:(A) public utility that furnishes or sells electrical energy;(B) power subsidiary (as defined in IC 6-2.5-1-22.5) that furnishes or sells electrical energy to a power utility described in clause (A); or(C) business that furnishes or sells electrical energy to a public utility described in clause (A), to a power subsidiary described in clause (B), or to a renewable utility grade solar electricity or wind facility that is used to generate electricity for resale to consumers or wholesalers.As added by P.L.194-2023, SEC.3.
Indiana Legal Code