The Senate Finance Committee has established bipartisan task forces to evaluate tax provisions that expired or expire between December 31, 2017 and December 31, 2019. Chairman Chuck Grassley said on the Senate floor that their work would begin immediately and wrap up by the end of June. Among other provision, the §179D Energy Efficient Commercial Building Deduction (§179D Deduction) and the §45L Energy Efficient Home Credit (§45L Credit) are under consideration. The official Senate Finance Committee press release is below:

Video: Grassley on Launch of Bipartisan Taskforces to Resolve Temporary Tax Policy: https://www.youtube.com/watch?v=HZbIKOA8CY4

Video transcript: https://www.finance.senate.gov/chairmans-news/grassley-on-launch-of-bipartisan-taskforces-to-resolve-temporary-tax-policy

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.

HOW WE CAN HELP

While the §179D and §45L incentives are currently expired, taxpayers with construction projects completed prior to December 31, 2017 may still benefit. Out of all the buildings and homes that 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 contact an ICS Tax representative.

Author: Alexander Bagne, JD, CPA, MBA, CCSP. Contributing Authors: Mike Piper, LEED AP; Kevin Johnson, LEED AP, CCSP; Jon Walgrave, LEED AP

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ICS Tax, LLC (ICS) is a consulting firm providing innovative tax planning strategies. ICS collaborates with taxpayers and their tax professionals to identify credits and incentives that reduce tax liabilities and increase profitability. ICS provides nationwide service through its offices throughout the country.