It is a significant measure, and just because of its potential size, John Michel, Grant Thornton's Real Estate Tax practice leader, tells GlobeSt.com for the simple reason that in this economy fewer companies are in a profit-making position. In other words, a subsidy would do a profitable company not as much good because of its likely--that is, in the black--tax position. 

A grant, on the other hand, is money in the door--something that even profitable firms can appreciate in this climate. According to the language in the new law, Michel says, a company can opt for either a grant or a subsidy. If it opts for the grant, it will receive 30% of the amount of the qualifying investment. Qualifying investments would be such technologies as wind turbines, solar or geothermal energy, he says. The grant is applicable to any such investment made between Jan 1, 2009 through the end of 2010. Thus far, companies have been unable to take advantage of this provision because the Treasury Department has not released the protocol to apply for the grant, Michel says. That, though, may change next month when it is widely expected for Treasury to release the protocol, he explains. 

Besides building owners, tenants in such buildings could also benefit from the program--but only if they structure their leases appropriately, Michel says. "Unless the tenant negotiates it in the lease, these savings belong to the building owner." Conversely, if tenants make leasehold improvements to their space that would qualify for this program, the savings belong to them--unless the landlord negotiated otherwise in the lease. 

NOT FOR REPRINT

© Touchpoint Markets, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more inforrmation visit Asset & Logo Licensing.

Erika Morphy

Erika Morphy has been writing about commercial real estate at GlobeSt.com for more than ten years, covering the capital markets, the Mid-Atlantic region and national topics. She's a nerd so favorite examples of the former include accounting standards, Basel III and what Congress is brewing.