Utility Tax and Exemption Opportunities for Power & Utilities
Power and utilities companies operate in a complex tax environment, with large capital projects, extensive grid assets, and significant energy consumption. This complexity creates both risk and opportunity in sales & use tax and related utility taxes
12/8/20251 min read
Why utility tax is tricky
Utilities deal with multiple layers of tax and regulation:
Sales & use tax on materials, equipment, and some services.
Utility‑specific exemptions and incentives that vary by state and sometimes by use.
Large volumes of invoices, frequent projects, and many vendors mean that even small error rates can add up to meaningful overpayments.
Common overpayment areas
Some of the most frequent opportunities include:
Grid and substation projects – materials and equipment that may qualify for construction or utility‑specific exemptions but were fully taxed.
Generation assets – components and equipment used directly in power generation that fall under specific exemption provisions in some states.
Own‑use utilities – electricity, gas, and related services consumed in operations that may qualify for preferential treatment depending on use and jurisdiction.
In many cases, tax is charged by vendors on a “safety first” basis, and internal teams do not have capacity to challenge or reclassify every transaction.
What a utility‑focused tax review looks like
A focused tax and exemption review for power & utilities usually includes:
Mapping major capital and maintenance projects for the last several years.
Sampling invoices from high‑spend vendors and categories to assess tax treatment.
Comparing tax paid against state rules and utility‑specific exemptions.
Quantifying potential refunds and preparing supporting documentation.
For some utilities, detailed “utility studies” or engineering‑supported analyses are used to substantiate positions.
Why CFOs and regulatory teams should care
Tax and exemption optimization directly affects customer rates, regulatory filings, and return on capital.
Reducing overpaid tax can improve financial performance and support more efficient rate structures.
Clear documentation strengthens positions in audits and rate proceedings, lowering controversy risk.
The review often highlights process changes that make future projects and vendor relationships more tax‑efficient.
For power and utilities companies, combining a structured tax and exemption review with broader contract and AP recovery work can unlock significant value and improve control over long‑term spend
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