If an active solar energy system is installed on an existing structure (store, shopping mall, parking structure, office building, etc.) and the ownership of the active solar energy system is vested in a multi-member LLC, is the new construction exclusion still applicable for this installation, or is the active solar energy system considered to be assessable business property to the LLC? Does it matter if the active solar energy system will be powering general business occupancy requirements or specialized fixtures?
A:
The active solar energy system would be classified as a fixture (real property) if it meets the tests of Rule 122.5, and would be excluded from the...