Tax experts told Hunterbrook the Jinko deal structure potentially works as written since the Shis are all Australian citizens.
But two things could still cost the plant its credits, the experts said: it can keep selling Jinko-branded panels under license, using trademarks Jinko's Chinese parent still owns, and the buyer may still owe Jinko $94 million of the purchase price. Under the new federal rules, licensing and debt arrangements with a Chinese company can be disqualifying.