by: Alexander Bagne, JD, CPA, MBA, CCSP
+1 216-870-0742
alexb@ics-tax.com

The passing of the Taxpayer Certainty and Disaster Tax Relief Act of 2019, which is part of the Further Consolidated Appropriations Act, 2020, extended the §179D Energy Efficient Commercial Building Deduction and the §45L Energy Efficient Home Credit. The new Act extends these two incentives, which expired December 31, 2017, through the end of 2020 without any other changes to the amount of the benefit or the energy efficiency requirements.

THE §179D AND §45L ENERGY EFFICIENCY TAX INCENTIVES

The §179D Deduction is a Federal tax incentive promoting energy efficient buildings for both new and existing structures. Further, architects, engineers, contractors, environmental consultants or energy services providers may also be eligible for the incentive on public projects. This incentive is often referred to as the EPAct Deduction after the Energy Policy Act of 2005 that created it, or as the §179D Deduction, which relates to its tax code section. Commercial building owners can take a Federal tax deduction of up to $1.80 per square foot of the building’s floor area if they install certain property (e.g., efficient lights or HVAC systems, added wall or roof insulation, etc.) that reduces energy and power costs. The §179D Deduction applied to both new construction and renovations completed between 2006 through 2017.

The §45L Credit allows eligible developers to claim a $2,000 tax credit for each newly constructed or substantially reconstructed qualifying residence. It applies to single family homes, apartments, condominiums, assisted living homes, student housing, and other types of residences. The residences must not be more than three stories above grade in height. Like the §179D Deduction, this incentive expired in 2017. While both incentives lapsed since the end of 2017, these two incentives encourage sustainable construction practices as well as stimulate the economy and create jobs. ICS Tax is both excited and enthusiastic about this news.

HOW WE CAN HELP

While many buildings and homes qualify for these incentives, very few taxpayers are taking the steps necessary to claim them. ICS can provide a free analysis to determine if these incentives are feasible, and if so, provide the necessary third-party certifications and other assistance to benefit from it. For a free consultation, please complete the form below or contact an ICS Tax representative.