Changes to Section 45L Tax Credit: On September 27, 2023, the IRS released notice 2023-65, providing crucial details on the revamped energy-efficient home credit under Section 45L.
The notice provides long-awaited details on the revamped energy-efficient home credit under section 45L, as amended by the Inflation Reduction Act (IRA) of 2022.
Let’s explore the key changes in the Section 45L tax credit and the guidance provided by the IRS.
Shift in Qualification Criteria
One of the significant shifts in the qualification criteria for the Section 45L tax credit is the transition from the 2006 International Energy Conservation Code (IECC) to current ENERGY STAR standards and the DOE’s Zero Energy Ready Homes Program (ZERH).
This change marks a significant shift in the landscape of energy-efficient home credits.
Applicable Amount of the Credit
The amount of the tax credit is contingent on the energy-saving requirements that the home meets.
It can range from $500 to an impressive $5,000 for each qualified new energy-efficient home.
The actual amount of the credit depends on eligibility requirements such as the type of home, energy efficiency, and, in the case of multifamily dwelling units, whether prevailing wage requirements are met.
Effective Date and Certification Requirements
The amendments to the Section 45L tax credit apply to qualified new energy-efficient homes acquired after December 31, 2022, and encompass homes purchased until December 31, 2032.
For homes acquired between 2023 and 2032, the certifications achieved and standards met include ENERGY STAR program requirements, Zero Energy Ready Home program requirements, and prevailing wage requirements for multifamily dwelling units.
The IRS’s release of guidance on the Section 45L tax credit brings about significant changes in eligibility requirements and certification criteria. The shift towards ENERGY STAR compliance reflects a stronger emphasis on sustainable and energy-efficient homes.
As these changes take effect, it is crucial to partner with experts in the field who can guide you through the intricacies of the tax credit and help you maximize its benefits.
With these changes in effect, it is essential to maximize the benefits of federal tax incentives. Green Insight, a trusted partner in the field of green building and energy efficiency, is ready to guide you through the entire process.
Whether you need assistance with understanding the new certification requirements or navigating the intricacies of the Section 45L tax credit, our team of experts is here to help.
Contact us today or call us at 833-GRN-TEAM (476-8326) to get the most out of your federal tax incentives and embark on a sustainable path toward a greener future.
If you’re a builder or developer, there’s a chance you’re not taking advantage of the 45L Tax Credit for Builders, an incentive to build greener and more environmentally sustainable residential properties.
In this article, we will tell you everything you need to know about this credit and how you can qualify to begin saving money today.
What is the 45L Tax Credit?
Named after section 45L of the Internal Revenue Code, 45L Tax Credit, this federal tax credit is issued to developers and contractors who construct energy-efficient residential properties.
This tax credit was originally established by the Energy Policy Act of 2005, which called for the development of grant programs and tax incentives to promote energy efficiency in housing and vehicles.
The 45L was recently reinstated as part of the Inflation Reduction Act of 2022 (IRA). This federal law was written to curb recent inflation through several means including investing in promoting clean energy alternatives. This initiative includes providing substantial incentives for the design and construction of energy-efficient residential buildings.
As part of the IRA, the 45L tax credit gives eligible contractors up to $5,000 for each qualifying unit that is either constructed or completely renovated.
Multifamily homes are eligible for a $500 credit for ENERGY STAR Multifamily New Construction certification, a $1,000 credit for DOE Zero Energy Ready Home certification, a $2,500 credit for ENERGY STAR Multifamily New Construction certification with prevailing wage requirements, and a $5,000 credit for DOE Zero Energy Ready Home certification with prevailing wage requirements.
“The 45L tax credit gives eligible contractors up to $5,000 for each qualifying unit that is either constructed or completely renovated.”
What Are the Requirements?
Most of the information you find on the 45L tax credit will contain words like “eligible” when discussing who qualifies for the incentive. Part of the federal law that established this credit delineates requirements for what types of buildings qualify to receive the credit.
First, eligible properties do not necessarily have to be new construction projects to qualify. Residential properties that have been appreciably remodeled or renovated to meet energy efficiency standards are also eligible to qualify.
Before the additional changes set forth by the IRA that came into effect in 2023, residential buildings that qualified had to show proof of consuming at least 50% less energy through heating and cooling. In addition, the building envelope needed to account for at least one-fifth of these improvements to energy use. Finally, the building needed to be certified by an independent agency. Learn more on our detailed Inflation Reduction Act FAQ page: Questions on the 45L Credit and 179D Deduction.
Changes to the requirements went into effect starting January 1, 2023. One change is the residential and mixed-use buildings are required to obtain either an ENERGY STAR or Zero Energy Ready Home (ZERH) certification. These certifications indicate that the buildings meet both the national and state requirements for energy efficiency as laid out by the U.S. Environmental Protection Agency (EPA).
Additionally, if the property is for mixed-use purposes, 50% of the property’s total square footage must be made of residential units and common areas. This does not include any parking garages that are part of the property.
Eligible contractors of multi-family residential properties now also have the option of higher 45L tax credits if they follow prevailing wage requirements. These wages are the average wage a specific type of laborer can expect to receive in a specific region. Contractors who wish to take advantage of the 45L credit bonus must prove that all workers on their construction project earn a wage equal to or greater than the prevailing wage.
What are the Requirements for Single-Family Homes to Qualify?
To qualify for a 45L tax credit, your energy-efficient construction should demonstrate heating and cooling energy consumption that falls below national energy standards. Modern construction already keeps energy efficiency in mind in design and building to keep up with current trends and the consumer’s desire to own greener homes.
This means that the property must meet or exceed Energy Star 3.1 requirements which consider things such as:
The dwelling’s thermal enclosure system
Heating, ventilation, and air conditioning system (HVAC)
Water management systems
The types of residential buildings that qualify for the tax credit, whether new constructions or substantially rehabilitated dwellings include:
Custom and tract single-family homes
Townhomes
Duplexes and triplexes
Apartment complexes
Student housing
Single-family homes are eligible for a $2,500 credit for obtaining ENERGY STAR for Homes certification and a $5,000 credit for a DOE Zero Energy Ready Home certification. Manufactured homes are eligible for the $2,500 credit as well for receiving the ENERGY STAR Manufactured Homes certification.
How much credit is received depends on whether they are certified as ENERGY STAR or ZERH.For example, a single-family home can earn a $2,500 credit if certified according to the ENERGY STAR Single Family New Homes Program. A $5,000 credit can be earned for single-family homes certified as the Department of Energy’s Zero Energy Ready Home program.
Two parties can directly and indirectly benefit from taking advantage of the 45L tax credit: contractors and developers and homeowners.
Qualified contractors and developers directly benefit when they design energy-efficient buildings and construct them using energy-efficient materials. While these materials cost more, this extra cost is offset in a couple of ways. First, the 45L tax credit can help builders recoup some of that extra money. Also, the required certification allows developers to advertise the building as “green” which attracts consumers who are seeking more sustainable housing that will help their monthly utilities budget.
Consumers also indirectly benefit from living in energy-efficient homes. More efficient heating, air conditioning, and lighting mean lower utility bills each month as well as peace of mind knowing you are reducing your carbon footprint. Additionally, the resale value of the home could be higher due to consumers looking for energy efficiency in their new home search.
We can help you save money with the 45L federal tax credit.
Are you ready to take advantage of the 45L federal tax credit as a builder or developer?
Green Insight can partner with you to ensure you meet all the energy efficiency requirements on your next residential building project. Contact us today to discuss how we can help you build greener while getting money back.
