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Tax implications of solar

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Stan Brown

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Apr 5, 2021, 2:52:35 PM4/5/21
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I live in California, and the solar panels on the roof generate
considerably more electricity than I use. Consequently, I'll be
getting a check from SoCal Edison (in the low four figures) for the
electricity that I put back on the grid over the past year.

The way my solar lease works, I have to pay Tesla for every kWh I
generate, whether I use it myself or it goes out on the grid. Thus I
will net only a few hundred dollars for the year.

Are there any income-tax implications here, either at the Federal or
state level? I'm not in the business of generating electricity, so I
would hope that the proceeds from SoCal Edison aren't taxed. But if
they are, is this a Schedule C type business? And in that case, I
assume I can deduct what I pay Tesla as cost of goods sold.

--
Stan Brown, Tehachapi, California, USA https://BrownMath.com/
https://OakRoadSystems.com/
Shikata ga nai...

--
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<< that may be imposed upon the taxpayer. >>
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Alan

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Apr 13, 2021, 1:19:43 PM4/13/21
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On 4/5/21 11:51 AM, Stan Brown wrote:
> I live in California, and the solar panels on the roof generate
> considerably more electricity than I use. Consequently, I'll be
> getting a check from SoCal Edison (in the low four figures) for the
> electricity that I put back on the grid over the past year.
>
> The way my solar lease works, I have to pay Tesla for every kWh I
> generate, whether I use it myself or it goes out on the grid. Thus I
> will net only a few hundred dollars for the year.
>
> Are there any income-tax implications here, either at the Federal or
> state level? I'm not in the business of generating electricity, so I
> would hope that the proceeds from SoCal Edison aren't taxed. But if
> they are, is this a Schedule C type business? And in that case, I
> assume I can deduct what I pay Tesla as cost of goods sold.
>
As far as I can tell, there has not been any change to the tax rules
(federal and CA). You are not a business so NO Schedule C. The amount
you netted is taxable Other Income (1040 Schedule 1 Line 8).

ira smilovitz

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Apr 13, 2021, 3:39:52 PM4/13/21
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ira smilovitz

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Apr 13, 2021, 3:54:54 PM4/13/21
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On Tuesday, April 13, 2021 at 1:19:43 PM UTC-4, Alan wrote:
> On 4/5/21 11:51 AM, Stan Brown wrote:
> > I live in California, and the solar panels on the roof generate
> > considerably more electricity than I use. Consequently, I'll be
> > getting a check from SoCal Edison (in the low four figures) for the
> > electricity that I put back on the grid over the past year.
> >
> > The way my solar lease works, I have to pay Tesla for every kWh I
> > generate, whether I use it myself or it goes out on the grid. Thus I
> > will net only a few hundred dollars for the year.
> >
> > Are there any income-tax implications here, either at the Federal or
> > state level? I'm not in the business of generating electricity, so I
> > would hope that the proceeds from SoCal Edison aren't taxed. But if
> > they are, is this a Schedule C type business? And in that case, I
> > assume I can deduct what I pay Tesla as cost of goods sold.
> >
> As far as I can tell, there has not been any change to the tax rules
> (federal and CA). You are not a business so NO Schedule C. The amount
> you netted is taxable Other Income (1040 Schedule 1 Line 8).
> --

I'm not sure I agree. The production of excess electricity is an ongoing activity. By selling the excess electricity for more than the cost to produce it, you have established that there is a profit motive. It doesn't need to be your primary (or even significant) source of income to be a business.

Ira Smilovitz, EA
Leonia, NJ

Taxed and Spent

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Apr 13, 2021, 6:35:03 PM4/13/21
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On 4/13/2021 12:50 PM, ira smilovitz wrote:
> On Tuesday, April 13, 2021 at 1:19:43 PM UTC-4, Alan wrote:
>> On 4/5/21 11:51 AM, Stan Brown wrote:
>>> I live in California, and the solar panels on the roof generate
>>> considerably more electricity than I use. Consequently, I'll be
>>> getting a check from SoCal Edison (in the low four figures) for the
>>> electricity that I put back on the grid over the past year.
>>>
>>> The way my solar lease works, I have to pay Tesla for every kWh I
>>> generate, whether I use it myself or it goes out on the grid. Thus I
>>> will net only a few hundred dollars for the year.
>>>
>>> Are there any income-tax implications here, either at the Federal or
>>> state level? I'm not in the business of generating electricity, so I
>>> would hope that the proceeds from SoCal Edison aren't taxed. But if
>>> they are, is this a Schedule C type business? And in that case, I
>>> assume I can deduct what I pay Tesla as cost of goods sold.
>>>
>> As far as I can tell, there has not been any change to the tax rules
>> (federal and CA). You are not a business so NO Schedule C. The amount
>> you netted is taxable Other Income (1040 Schedule 1 Line 8).
>> --
>
> I'm not sure I agree. The production of excess electricity is an ongoing activity. By selling the excess electricity for more than the cost to produce it, you have established that there is a profit motive. It doesn't need to be your primary (or even significant) source of income to be a business.
>
> Ira Smilovitz, EA
> Leonia, NJ
>


Schedule E?

Tom Russ

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Apr 13, 2021, 6:35:03 PM4/13/21
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On Tuesday, April 13, 2021 at 12:54:54 PM UTC-7, ira.sm...@gmail.com wrote:
> On Tuesday, April 13, 2021 at 1:19:43 PM UTC-4, Alan wrote:
> > On 4/5/21 11:51 AM, Stan Brown wrote:
> > > I live in California, and the solar panels on the roof generate
> > > considerably more electricity than I use. Consequently, I'll be
> > > getting a check from SoCal Edison (in the low four figures) for the
> > > electricity that I put back on the grid over the past year.
> > >
> > > The way my solar lease works, I have to pay Tesla for every kWh I
> > > generate, whether I use it myself or it goes out on the grid. Thus I
> > > will net only a few hundred dollars for the year.
> > >
> > > Are there any income-tax implications here, either at the Federal or
> > > state level? I'm not in the business of generating electricity, so I
> > > would hope that the proceeds from SoCal Edison aren't taxed. But if
> > > they are, is this a Schedule C type business? And in that case, I
> > > assume I can deduct what I pay Tesla as cost of goods sold.
> > --
> I'm not sure I agree. The production of excess electricity is an ongoing activity. By selling the excess electricity for more than the cost to produce it, you have established that there is a profit motive. It doesn't need to be your primary (or even significant) source of income to be a business.

Does this mean that if one pays for an owns the solar panels (instead of the lease in this case), that depreciation of the solar installation would apply?

If so, this would presumably need to be pro-rated between the personal use of the electricity versus the amount sold back into the grid?
Any other issues related to depreciation and personal use?

Stuart O. Bronstein

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Apr 13, 2021, 7:30:06 PM4/13/21
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Tom Russ <tar...@google.com> wrote:

> Does this mean that if one pays for an owns the solar panels
> (instead of the lease in this case), that depreciation of the
> solar installation would apply?
>
> If so, this would presumably need to be pro-rated between the
> personal use of the electricity versus the amount sold back into
> the grid? Any other issues related to depreciation and personal
> use?

I guess you could calculate which portion of the solar panels were used
to generate electricity that got sold back, and then deduct $5 per
square foot of the panels. :-)

--
Stu
http://DownToEarthLawyer.com

ira smilovitz

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Apr 13, 2021, 10:00:15 PM4/13/21
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Schedule C. You're not renting space, you are producing a product (electricity) for sale.

Ira Smilovitz, EA
Leonia, NJ

ira smilovitz

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Apr 13, 2021, 10:05:16 PM4/13/21
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On Tuesday, April 13, 2021 at 7:30:06 PM UTC-4, Stuart O. Bronstein wrote:
> Tom Russ <tar...@google.com> wrote:
>
> > Does this mean that if one pays for an owns the solar panels
> > (instead of the lease in this case), that depreciation of the
> > solar installation would apply?
> >
> > If so, this would presumably need to be pro-rated between the
> > personal use of the electricity versus the amount sold back into
> > the grid? Any other issues related to depreciation and personal
> > use?
> I guess you could calculate which portion of the solar panels were used
> to generate electricity that got sold back, and then deduct $5 per
> square foot of the panels. :-)
>
> --
> Stu
> http://DownToEarthLawyer.com
> --

If the panels were owned outright, I would calculate the depreciation on the basis of percentage of electrical output used personally vs. that sold to the utility company - an approach similar to business use of a car.

Ira Smilovitz, EA
Leonia, NJ

Taxed and Spent

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Apr 14, 2021, 11:11:03 AM4/14/21
to
He has a "solar lease". What does that mean? Is Tesla leasing his roof
space? If so, that would be Schedule E.

If he is leasing from Tesla the equipment placed on his roof, then
Schedule C sounds right.

In either event, how does the math work, given he is receiving a benefit
from his consumption of electricity?

Does he pay Tesla the same amount he receives from the utility for the
electricity generated which goes out on the grid? If so, the net is
zero. If not, then what? I wouldn't be surprised if he pays Tesla more
than he gets paid for that portion of the electricity that goes out on
the grid, so he has a Schedule C loss?

ira smilovitz

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Apr 14, 2021, 3:36:21 PM4/14/21
to
Upthread, the OP said that he pays Tesla a fee for every KwH of electricity he generates. To the extent that he uses the electricity, it's just non-deductible utility expense. When he sells excess electricty to the utility company, the amount he pays Tesla for those KwHs is offset by the revenue received. The net is business profit or loss.

Ira Smilovitz, EA
Leonia, NJ

Taxed and Spent

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Apr 14, 2021, 5:31:27 PM4/14/21
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Yes, I saw what OP said upthread.

Do people with solar really report this on their taxes? Hard to believe.

ira smilovitz

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Apr 14, 2021, 6:21:30 PM4/14/21
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What is required and what is done are often different. I can only address what is correct.

Ira Smilovitz, EA
Leonia, NJ

John Levine

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Apr 14, 2021, 9:06:40 PM4/14/21
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According to Taxed and Spent <nospam...@nonospam.com>:
>Do people with solar really report this on their taxes? Hard to believe.

I don't think there are a lot of people in this situation. I believe that refundable
solar credits are unique to California.

I'm in New York where I have remote net metering, in which I
conceptually rent part of a solar farm nearby and the power it
generates is credited to my electric bill, same deal as though the
solar cells were on my roof. When it generates more power than I use
(most of the summer) the credit is carried forward but is not
refundable.



--
Regards,
John Levine, jo...@taugh.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. https://jl.ly

Stuart O. Bronstein

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Apr 15, 2021, 1:37:40 PM4/15/21
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"John Levine" <jo...@taugh.com> wrote:
> According to Taxed and Spent <nospam...@nonospam.com>:

>>Do people with solar really report this on their taxes? Hard to
>>believe.
>
> I don't think there are a lot of people in this situation. I
> believe that refundable solar credits are unique to California.
>
> I'm in New York where I have remote net metering, in which I
> conceptually rent part of a solar farm nearby and the power it
> generates is credited to my electric bill, same deal as though the
> solar cells were on my roof. When it generates more power than I
> use (most of the summer) the credit is carried forward but is not
> refundable.

I would imagine that large power companies would send 1099s when they
pay for power they receive from users.

--
Stu
http://DownToEarthLawyer.com

Stan Brown

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Apr 15, 2021, 4:07:50 PM4/15/21
to
On 4/5/21 11:51 AM, Stan Brown wrote:
> > > I live in California, and the solar panels on the roof generate
> > > considerably more electricity than I use. Consequently, I'll be
> > > getting a check from SoCal Edison (in the low four figures) for the
> > > electricity that I put back on the grid over the past year.
> > >
> > > The way my solar lease works, I have to pay Tesla for every kWh I
> > > generate, whether I use it myself or it goes out on the grid. Thus I
> > > will net only a few hundred dollars for the year.

On Tuesday, April 13, 2021 at 1:19:43 PM UTC-4, Alan wrote:
> > As far as I can tell, there has not been any change to the tax
> > rules (federal and CA). You are not a business so NO Schedule C.
> > The amount you netted is taxable Other Income (1040 Schedule 1
> > Line 8).

On Tue, 13 Apr 2021 15:50:40 EDT, ira smilovitz wrote:
> I'm not sure I agree. The production of excess electricity is an
> ongoing activity. By selling the excess electricity for more than
> the cost to produce it, you have established that there is a profit
> motive. It doesn't need to be your primary (or even significant)
> source of income to be a business.

Thanks to everyone who responded, and to Ira especially.

Though SoCal Edison had told me that they'd be cutting a check for
the hefty negative balance, it turns out that was not true. They get
you coming and going. The _actual_ check I'll get from them will be
at 2.7 cents a kWh, not the 23 cents they charge for the power I
generate.

This puts the payment to me for unused solar electricity in the $300-
$400 range, versus about $2000 paid to Tesla over the same period.
(I use roughly 10% of the generated power. I can't imagine what
persuaded the previous owners to put in the solar panels. None of the
appliances in the house run on electricity; they're all propane.)

So if this is a Schedule C business, it's going to show a loss every
year, to the tune of $1500 or so. I wouldn't mind reducing my taxable
income in that way, but can I really do that? I thought a Schedule C
business couldn't just keep showing losses indefinitely.

--
Stan Brown, Tehachapi, California, USA https://BrownMath.com/
https://OakRoadSystems.com/
Shikata ga nai...

Stuart O. Bronstein

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Apr 15, 2021, 6:43:00 PM4/15/21
to
Stan Brown <the_sta...@fastmail.fm> wrote:

> Though SoCal Edison had told me that they'd be cutting a check for
> the hefty negative balance, it turns out that was not true. They
> get you coming and going. The _actual_ check I'll get from them
> will be at 2.7 cents a kWh, not the 23 cents they charge for the
> power I generate.

I'm not familiar with the rules, but I'd think they should pay you at
least what their cost is to generate other electricity that they
have.

> This puts the payment to me for unused solar electricity in the
> $300- $400 range, versus about $2000 paid to Tesla over the same
> period. (I use roughly 10% of the generated power. I can't imagine
> what persuaded the previous owners to put in the solar panels.
> None of the appliances in the house run on electricity; they're
> all propane.)
>
> So if this is a Schedule C business, it's going to show a loss
> every year, to the tune of $1500 or so. I wouldn't mind reducing
> my taxable income in that way, but can I really do that? I thought
> a Schedule C business couldn't just keep showing losses
> indefinitely.

If your intent is to make a profit, then in theory it's OK even if
you seldom if ever make a profit. But if you know with a high degree
of certainty that you're never going to make a profit, then it's a
hobby, and you can't deduct more than what you get.

--
Stu
http://DownToEarthLawyer.com

Taxed and Spent

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Apr 15, 2021, 6:53:01 PM4/15/21
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Yes, it can, as long as there is a profit motive and it is not merely a
hobby.

ira smilovitz

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Apr 15, 2021, 7:08:02 PM4/15/21
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I know of a dog breeder that has consistently lost high 5 figures each year and has survived several IRS audits. Not showing a profit shifts the burden to the taxpayer to prove a profit motive.

Ira Smilovitz, EA
Leonia, NJ

ira smilovitz

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Apr 15, 2021, 7:08:02 PM4/15/21
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Something doesn't seem right. Using the information you've provided, you're paying a net of $1600 for electricity ($2000 paid to Tesla less $400 received). Based on your estimate of $400 received at $.027/kWh sold, you have sold somewhat less than 15000 kWh. If you use 10% of the generated electricity, you're using ~1600 kWh. If you bought the electricity directly, it would cost you 1600*.23 = <$400. It seems to me that you should cancel your contract and have Tesla remove the solar cells.

Ira Smilovitz, EA
Leonia, NJ

Stan Brown

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Apr 15, 2021, 10:08:12 PM4/15/21
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On Thu, 15 Apr 2021 19:04:33 EDT, ira smilovitz wrote:
> Something doesn't seem right. Using the information you've
provided, you're paying a net of $1600 for electricity ($2000 paid to
Tesla less $400 received). Based on your estimate of $400 received at
$.027/kWh sold, you have sold somewhat less than 15000 kWh. If you
use 10% of the generated electricity, you're using ~1600 kWh. If you
bought the electricity directly, it would cost you 1600*.23 = <$400.
It seems to me that you should cancel your contract and have Tesla
remove the solar cells.

Would that I could. I had to assume the solar contract signed by the
previous owners, and it provides that the contract can only be
canceled by buying it out, basically for the net present value of all
the money Tesla expects to get until year 20, i.e. for the next 16
years.



--
Stan Brown, Tehachapi, California, USA https://BrownMath.com/
https://OakRoadSystems.com/
Shikata ga nai...

--

Stan Brown

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Apr 16, 2021, 3:09:17 PM4/16/21
to
On Thu, 15 Apr 2021 19:07:19 EDT, ira smilovitz wrote:
>
> On Thursday, April 15, 2021 at 6:53:01 PM UTC-4, Taxed and Spent wrote:
> > On 4/15/2021 1:02 PM, Stan Brown wrote:
> > > So if this is a Schedule C business, it's going to show a loss every
> > > year, to the tune of $1500 or so. I wouldn't mind reducing my taxable
> > > income in that way, but can I really do that? I thought a Schedule C
> > > business couldn't just keep showing losses indefinitely.
> > >
> > Yes, it can, as long as there is a profit motive and it is not merely a
> > hobby.
>
> I know of a dog breeder that has consistently lost high 5 figures each year and has survived several IRS audits. Not showing a profit shifts the burden to the taxpayer to prove a profit motive.

Perhaps I'm being too timid, but based on
https://www.irs.gov/pub/irs-utl/2016ntf-for-profit-activity-hobby.pdf
I don't really think I could establish a profit motive.

--
Stan Brown, Tehachapi, California, USA https://BrownMath.com/
https://OakRoadSystems.com/
Shikata ga nai...

ira smilovitz

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Apr 16, 2021, 9:54:44 PM4/16/21
to
On Friday, April 16, 2021 at 3:09:17 PM UTC-4, Stan Brown wrote:
> On Thu, 15 Apr 2021 19:07:19 EDT, ira smilovitz wrote:
> >
> > On Thursday, April 15, 2021 at 6:53:01 PM UTC-4, Taxed and Spent wrote:
> > > On 4/15/2021 1:02 PM, Stan Brown wrote:
> > > > So if this is a Schedule C business, it's going to show a loss every
> > > > year, to the tune of $1500 or so. I wouldn't mind reducing my taxable
> > > > income in that way, but can I really do that? I thought a Schedule C
> > > > business couldn't just keep showing losses indefinitely.
> > > >
> > > Yes, it can, as long as there is a profit motive and it is not merely a
> > > hobby.
> >
> > I know of a dog breeder that has consistently lost high 5 figures each year and has survived several IRS audits. Not showing a profit shifts the burden to the taxpayer to prove a profit motive.
> Perhaps I'm being too timid, but based on
> https://www.irs.gov/pub/irs-utl/2016ntf-for-profit-activity-hobby.pdf
> I don't really think I could establish a profit motive.
> --
> Stan Brown, Tehachapi, California, USA https://BrownMath.com/
> https://OakRoadSystems.com/
> Shikata ga nai...
> --

I wasn't trying to suggest that *you* could show a profit motive to deduct the losses, just that with the right set of circumstances, it is possible to do so. It's just another situation where one can't make an absolute statement when it comes to taxes.

Ira Smilovitz, EA
Leonia, NJ

Alan

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Apr 21, 2021, 9:22:05 PM4/21/21
to
On 4/14/21 6:06 PM, John Levine wrote:
> According to Taxed and Spent <nospam...@nonospam.com>:
>> Do people with solar really report this on their taxes? Hard to believe.
>
> I don't think there are a lot of people in this situation. I believe that refundable
> solar credits are unique to California.
>
> I'm in New York where I have remote net metering, in which I
> conceptually rent part of a solar farm nearby and the power it
> generates is credited to my electric bill, same deal as though the
> solar cells were on my roof. When it generates more power than I use
> (most of the summer) the credit is carried forward but is not
> refundable.
>
>
>
As far as I can tell, the major utilities in Northern and Southern CA
all use Net Metering. Mr. Brown appears to be stuck with a plan that is
no longer sold. Today, Tesla will only sell you (full payment or they
will finance a loan) the solar system or you can subscribe if the state
allows it. You pay Tesla an amount each month. The amount you pay has
nothing to do with being connected to the power grid or the generation
or delivery of electrical power from the grid. Tesla gets the investment
tax credit. The homeowner can cancel at any time. The homeowner can
resubscribe at any time. The homeowner can ask Tesla to remove the
panels if they so desire. Tesla will charge for the removal.
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