Editor's Note:
Pub. L. 117-169,
Sec. 13302, amended Sec. 25D with a delayed effective date as indicated
below.
I.R.C. § 25D(a) Allowance Of Credit —
In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the sum of the applicable
percentages of—
I.R.C. § 25D(a)(1) —
the qualified solar electric property
expenditures,
I.R.C. § 25D(a)(2) —
the qualified solar water heating property
expenditures,
I.R.C. § 25D(a)(3) —
the qualified fuel cell property expenditures,
I.R.C. § 25D(a)(4) —
the qualified small wind energy property
expenditures,
I.R.C. § 25D(a)(5) —
the qualified geothermal heat pump property
expenditures, made by the taxpayer during such year, and
Editor's Note: Sec. 25D(a)(6), below, before amendment by Pub. L. 117-169, Sec. 13302(b)(1), is effective
for expenditures made before January 1, 2023.
I.R.C. § 25D(a)(6) —
the qualified biomass fuel property expenditures,
and
Editor's Note: Sec. 25D(a)(6), below, after amendment by Pub. L. 117-169, Sec. 13302(b)(1), is effective
for expenditures made after December 31, 2022.
I.R.C. § 25D(a)(6) —
the qualified battery storage technology
expenditures,
I.R.C. § 25D(b) Limitations
I.R.C. § 25D(b)(1) Maximum Credit For Fuel Cells —
In the case of any qualified fuel
cell property expenditure, the credit allowed under subsection (a)
(determined without regard to subsection (c)) for any taxable year
shall not exceed $500 with respect to each half kilowatt of capacity
of the qualified fuel cell property (as defined in section 48(c)(1)) to which such expenditure
relates.
I.R.C. § 25D(b)(2) Certification Of Solar Water Heating Property —
No credit shall be allowed under this section for an
item of property described in subsection (d)(1) unless such property
is certified for performance by the non-profit Solar Rating Certification
Corporation or a comparable entity endorsed by the government of the
State in which such property is installed.
I.R.C. § 25D(c) Carryforward Of Unused Credit —
If the credit allowable under subsection (a) exceeds
the limitation imposed by section 26(a) for
such taxable year reduced by the sum of the credits allowable under
this subpart (other than this section), such excess shall be carried
to the succeeding taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.
I.R.C. § 25D(d) Definitions —
For purposes of this section—
I.R.C. § 25D(d)(1) Qualified Solar Water Heating Property Expenditure —
The term “qualified solar water heating property
expenditure” means an expenditure for property to heat water
for use in a dwelling unit located in the United States and used as
a residence by the taxpayer if at least half of the energy used by
such property for such purpose is derived from the sun.
I.R.C. § 25D(d)(2) Qualified Solar Electric Property Expenditure —
The term “qualified solar electric property expenditure”
means an expenditure for property which uses solar energy to generate
electricity for use in a dwelling unit located in the United States
and used as a residence by the taxpayer.
I.R.C. § 25D(d)(3) Qualified Fuel Cell Property Expenditure —
The term “qualified fuel cell property expenditure”
means an expenditure for qualified fuel cell property (as defined
in section 48(c)(1),
without regard to subparagraph (D) thereof) installed on or in connection
with a dwelling unit located in the United States and used as a principal
residence (within the meaning of section 121) by the taxpayer.
I.R.C. § 25D(d)(4) Qualified Small Wind Energy Property Expenditure —
The term “qualified small wind energy property
expenditure” means an expenditure for property which uses a
wind turbine to generate electricity for use in connection with a
dwelling unit located in the United States and used as a residence
by the taxpayer.
I.R.C. § 25D(d)(5) Qualified Geothermal Heat Pump Property Expenditure
I.R.C. § 25D(d)(5)(A) In General —
The term “qualified geothermal heat pump property
expenditure” means an expenditure for qualified geothermal heat
pump property installed on or in connection with a dwelling unit located
in the United States and used as a residence by the taxpayer.
I.R.C. § 25D(d)(5)(B) Qualified Geothermal Heat Pump Property —
The term “qualified geothermal heat pump property”
means any equipment which—
I.R.C. § 25D(d)(5)(B)(i) —
uses the ground or ground water as a
thermal energy source to heat the dwelling unit referred to in subparagraph
(A) or as a thermal energy sink to cool such dwelling unit, and
I.R.C. § 25D(d)(5)(B)(ii) —
meets the requirements of the Energy
Star program which are in effect at the time that the expenditure
for such equipment is made.
Editor's Note: Sec. 25D(d)(6), below, before amendment by Pub. L. 117-169, Sec. 13302(b)(2), is effective
for expenditures made before January 1, 2023.
I.R.C. § 25D(d)(6) Qualified Biomass Fuel Property Expenditure
I.R.C. § 25D(d)(6)(A) In General —
The term “qualified biomass fuel property expenditure”
means an expenditure for property
I.R.C. § 25D(d)(6)(A)(i) —
which uses the burning of biomass fuel
to heat a dwelling unit located in the United States and used as a
residence by the taxpayer, or to heat water for use in such a dwelling
unit, and
I.R.C. § 25D(d)(6)(A)(ii) —
which has a thermal efficiency rating
of at least 75 percent (measured by the higher heating value of the
fuel).
I.R.C. § 25D(d)(6)(B) Biomass Fuel —
For purposes of this section, the term “biomass
fuel” means any plant-derived fuel available on a renewable
or recurring basis.
Editor's Note: Sec. 25D(d)(6), below, after amendment by Pub. L. 117-169, Sec. 13302(b)(2), is effective
for expenditures made after December 31, 2022.
I.R.C. § 25D(d)(6) Qualified Battery Storage Technology Expenditure. —
The term “qualified battery storage technology
expenditure” means an expenditure for battery storage technology
which—
I.R.C. § 25D(d)(6)(A) —
is installed in connection with a dwelling
unit located in the United States and used as a residence by the taxpayer,
and
I.R.C. § 25D(d)(6)(B) —
has a capacity of not less than 3 kilowatt
hours.
I.R.C. § 25D(e) Special Rules —
For purposes of this section—
I.R.C. § 25D(e)(1) Labor Costs —
Expenditures for labor costs properly allocable to the
onsite preparation, assembly, or original installation of the property
described in subsection (d) and for piping or wiring to interconnect
such property to the dwelling unit shall be taken into account for
purposes of this section.
I.R.C. § 25D(e)(2) Solar Panels —
No expenditure relating to a solar panel or other property
installed as a roof (or portion thereof) shall fail to be treated
as property described in paragraph (1) or (2) of subsection (d) solely
because it constitutes a structural component of the structure on
which it is installed.
I.R.C. § 25D(e)(3) Swimming Pools, Etc., Used As Storage Medium —
Expenditures which are properly allocable to a swimming
pool, hot tub, or any other energy storage medium which has a function
other than the function of such storage shall not be taken into account
for purposes of this section.
I.R.C. § 25D(e)(4) Fuel Cell Expenditure Limitations In Case Of Joint Occupancy —
In the case of any dwelling unit with respect to which
qualified fuel cell property expenditures are made and which is jointly
occupied and used during any calendar year as a residence by two or
more individuals, the following rules shall apply:
I.R.C. § 25D(e)(4)(A) Maximum Expenditures For Fuel Cells —
The maximum amount of such expenditures
which may be taken into account under subsection (a) by all such individuals
with respect to such dwelling unit during such calendar year shall
be $1,667 in the case of each half kilowatt of capacity of qualified
fuel cell property (as defined in section 48(c)(1)) with respect to
which such expenditures relate.
I.R.C. § 25D(e)(4)(B) Allocation Of Expenditures —
The expenditures allocated to any individual for the
taxable year in which such calendar year ends shall be an amount equal
to the lesser of—
I.R.C. § 25D(e)(4)(B)(i) —
the amount of expenditures made by such
individual with respect to such dwelling during such calendar year,
or
I.R.C. § 25D(e)(4)(B)(ii) —
the maximum amount of such expenditures
set forth in subparagraph (A) multiplied by a fraction—
I.R.C. § 25D(e)(4)(B)(ii)(I) —
the numerator of which is the amount
of such expenditures with respect to such dwelling made by such individual
during such calendar year, and
I.R.C. § 25D(e)(4)(B)(ii)(II) —
the denominator of which is the total
expenditures made by all such individuals with respect to such dwelling
during such calendar year.
I.R.C. § 25D(e)(5) Tenant-Stockholder In Cooperative Housing Corporation —
In the case of an individual who is a tenant-stockholder
(as defined in section 216)
in a cooperative housing corporation (as defined in such section),
such individual shall be treated as having made his tenant-stockholder's
proportionate share (as defined in section 216(b)(3)) of any expenditures
of such corporation.
I.R.C. § 25D(e)(6) Condominiums
I.R.C. § 25D(e)(6)(A) In General —
In the case of an individual who is a member of a condominium
management association with respect to a condominium which the individual
owns, such individual shall be treated as having made the individual's
proportionate share of any expenditures of such association.
I.R.C. § 25D(e)(6)(B) Condominium Management Association —
For purposes of this paragraph, the term “condominium
management association” means an organization which meets the
requirements of paragraph (1) of
section 528(c) (other
than subparagraph (E) thereof)
with respect to a condominium project substantially all of the units
of which are used as residences.
I.R.C. § 25D(e)(7) Allocation In Certain Cases —
If less than 80 percent of the use of an item is for
nonbusiness purposes, only that portion of the expenditures for such
item which is properly allocable to use for nonbusiness purposes shall
be taken into account.
I.R.C. § 25D(e)(8) When Expenditure Made; Amount Of Expenditure
I.R.C. § 25D(e)(8)(A) In General —
Except as provided in subparagraph (B), an expenditure
with respect to an item shall be treated as made when the original
installation of the item is completed.
I.R.C. § 25D(e)(8)(B) Expenditures Part Of Building Construction —
In the case of an expenditure in connection with the
construction or reconstruction of a structure, such expenditure shall
be treated as made when the original use of the constructed or reconstructed
structure by the taxpayer begins.
I.R.C. § 25D(f) Basis Adjustments —
For purposes of this subtitle, if a credit is allowed
under this section for any expenditure with respect to any property,
the increase in the basis of such property which would (but for this
subsection) result from such expenditure shall be reduced by the amount
of the credit so allowed.
I.R.C. § 25D(g) Applicable Percentage —
For purposes of subsection (a), the
applicable percentage shall be—
I.R.C. § 25D(g)(1) —
in the case of property placed in service
after December 31, 2016, and before January 1, 2020, 30 percent,
I.R.C. § 25D(g)(2) —
in the case of property placed in service
after December 31, 2019, and before January 1, 2022, 26 percent, and
I.R.C. § 25D(g)(3) —
in the case of property placed in service
after December 31, 2021, and before January 1, 2033, 30 percent,
I.R.C. § 25D(g)(4) —
in the case of property placed in service
after December 31, 2032, and before January 1, 2034, 26 percent, and
I.R.C. § 25D(g)(5) —
in the case of property placed in service
after December 31, 2033, and before January 1, 2035, 22 percent.
I.R.C. § 25D(h) Termination —
The credit allowed under this section
shall not apply to property placed in service after December 31, 2034.
(Added by Pub. L. 109-58, title XIII, Sec.
1335(a), Aug. 8, 2005, 119 Stat. 594; and amended by Pub. L. 109-135, title IV, Sec.
402(i)(1) and (2), 402(i)(3)(E), Dec. 21, 2005, 119 Stat. 2577; Pub. L. 109-432, div. A, title II,
Sec. 206(a), (b), Dec. 20, 2006, 120 Stat. 2922; Pub. L. 110-343, div. B, title I,
Sec. 106, Oct. 3, 2008, 122 Stat. 3765; Pub.
L. 111-5, div. B, title I, Sec. 1103(b)(2)(B), 1122(a),
Feb. 17, 2009, 123 Stat. 115; Pub.
L. 112-240, title I, Sec. 104(c)(2)(F), Jan. 2, 2013,
126 Stat. 2313; Pub. L. 114-113,
Div. P, Sec. 304(a); Pub. L. 115-123,
Div. D, title I, Sec. 40402, Feb. 9, 2018, 132 Stat. 64; Pub. L. 116-260, Div. EE, title I, Sec.
148(a), 148(b), Dec. 27, 2020, 134 Stat. 1182; Pub.
L. 117-169, title I, Sec. 13302, Aug. 16, 2022, 136 Stat.
1818.)
BACKGROUND NOTES
AMENDMENTS
2022 — Sec. 25D. Pub. L. 117-169, Sec. 13302(c)(2) amended
heading by substituting “Clean Energy Credit” for “Energy
Efficient Property”.
Subsec. (a)(6). Pub.
L. 117-169, Sec. 13302(b)(1) amended subsec. (a)(6). Before
amendment, it read “the qualified biomass fuel property expenditures,
and”.
Subsec. (d)(3). Pub.
L. 117-169, Sec. 13302(c)(1) inserted “without regard
to subparagraph (D) thereof” after “section 48(c)(1)”.
Subsec. (d)(6). Pub.
L. 117-169, Sec. 13302(b)(2) amended subsec. (d)(6). Before
amendment, it read as follows:
“(6) Qualified Biomass Fuel Property Expenditure.—
“(A) In General.—The term ‘qualified
biomass fuel property expenditure' means an expenditure for property
“(i) which uses the burning of biomass fuel
to heat a dwelling unit located in the United States and used as a
residence by the taxpayer, or to heat water for use in such a dwelling
unit, and
“(ii) which has a thermal efficiency rating
of at least 75 percent (measured by the higher heating value of the
fuel).
“(B) Biomass Fuel.—For purposes of
this section, the term ‘biomass fuel' means any plant-derived
fuel available on a renewable or recurring basis.”
Subsec. (g)(2). Pub.
L. 117-169, Sec. 13302(a)(2)(A) amended subsec. (g)(2) by
substituting “before January 1, 2022, 26 percent,” for “before
January 1, 2023, 26 percent, and”.
Subsec. (g)(3). Pub.
L. 117-169, Sec. 13302(a)(2)(B) amended subsec. (g)(3) and
added new par. (4) and (5). Before amendment, par. (3) read as follows:
“(3) in the case of property placed in service
after December 31, 2022, and before January 1, 2024, 22 percent.”
Subsec. (h). Pub. L.
117-169, Sec. 13302(a)(1) amended subsec. (h) by substituting “December
31, 2034” for “December 31, 2023”.
2020 — Subsec. (a)(4)–(6). Pub. L. 116-260, Sec. 148(b)(1),
amended subsec. (a) by striking “and” at the end of par.
(4); by adding “, and” at the end of par. (5); and by
adding par. (6).
Subsec. (d). Pub.
L. 116-260, Sec. 148(b)(2), amended subsec. (d) by adding
par. (6).
Subsec. (g)(2). Pub. L. 116-260, Sec. 148(a)(2)(A),
amended par. (2) by substituting “January 1, 2023” for “January
1, 2021”.
Subsec. (g)(3). Pub. L. 116-260, Sec. 148(a)(2)(B),
amended par. (3) by substituting “after December 31, 2022, and
before January 1, 2024” for “after December 31, 2020,
and before January 1, 2022”.
Subsec. (h). Pub.
L. 116-260, Sec. 148(a)(1), amended subsec. (h) by substituting “December
31, 2023” for “December 31, 2021”.
2018 — Subsec. (a). Pub. L. 115-123, Sec. 40402(b)(1),
amended subsec. (a). Before being amended, subsec. (a) read as follows:
“(a) In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the sum of—
“(1) 30 percent of the qualified solar electric
property expenditures made by the taxpayer during such year,
“(2) 30 percent of the qualified solar water
heating property expenditures made by the taxpayer during such year,
“(3) 30 percent of the qualified fuel cell
property expenditures made by the taxpayer during such year,
“(4) 30 percent of the qualified small wind
energy property expenditures made by the taxpayer during such year,
and
“(5) 30 percent of the qualified geothermal
heat pump property expenditures made by the taxpayer during such year.”
Subsec. (g). Pub.
L. 115-123, Sec. 40402(b)(2), amended subsec. (g) by striking “paragraphs
(1) and (2) of”.
Subsec. (h). Pub.
L. 115-123, Sec. 40402(a), amended subsec. (h) by substituting “December
31, 2021” for “December 31, 2016 (December 31, 2021, in
the case of any qualified solar electric property expenditures and
qualified solar water heating property expenditures).”.
2015 — Subsec. (a). Pub. L. 114-113, Div. P, Sec. 304(a)(1),
amended pars. (1) and (2) by substituting “the applicable percentage”
for “30 percent”.
Subsec. (g). Pub. L.
114-113, Div. P, Sec. 304(a)(2), amended subsec. (g) by
inserting “(December 31, 2021, in the case of any qualified
solar electric property expenditures and qualified water heating property
expenditures)” before the period at the end.
Subsec. (g)–(h). Pub.
L. 114-113, Div. P, Sec. 304(a)(3)–(4), redesignated
subsec. (g) as subsec. (h) and added a new subsec. (g).
2013 — Subsec. (c). Pub. L. 112-240, Sec. 104(c)(2)(F),
amended subsec. (c). Prior to amendment, it read as follows:
“(c) Carryforward Of Unused Credit.—
“(1) Limitation Based On Amount Of Tax.—In
the case of a taxable year to which section 26(a)(2) does not apply,
the credit allowed under subsection (a) for the taxable year shall
not exceed the excess of—
“(A) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax imposed by section 55,
over
“(B) the sum of the credits allowable under
this subpart (other than this section) and section 27 for the taxable
year.
“(2) Carryforward Of Unused Credit.—
“(A) Rule For Years In Which All Personal
Credits Allowed Against Regular And Alternative Minimum Tax.—In
the case of a taxable year to which section 26(a)(2) applies, if the
credit allowable under subsection (a) exceeds the limitation imposed
by section 26(a)(2) for such taxable year reduced by the sum of the
credits allowable under this subpart (other than this section), such
excess shall be carried to the succeeding taxable year and added to
the credit allowable under subsection (a) for such succeeding taxable
year.
“(B) Rule For Other Years.—In the case
of a taxable year to which section 26(a)(2) does not apply, if the
credit allowable under subsection (a) exceeds the limitation imposed
by paragraph (1) for such taxable year, such excess shall be carried
to the succeeding taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.”
2009 — Subsec. (b)(1). Pub. L. 111-5, Div. B, Sec. 1122(a)(1),
amended par. (1). Before amendment, it read as follows:
“(1) Maximum Credit.—The credit allowed
under subsection (a) (determined without regard to subsection (c))
for any taxable year shall not exceed—
“(A) $2,000 with respect to any qualified
solar water heating property expenditures,
“(B) $500 with respect to each half kilowatt
of capacity of qualified fuel cell property (as defined in section
48(c)(1)) for which qualified fuel cell property expenditures are
made,
“(C) $500 with respect to each half kilowatt
of capacity (not to exceed $4,000) of wind turbines for which qualified
small wind energy property expenditures are made, and
“(D) $2,000 with respect to any qualified
geothermal heat pump expenditures.”
Subsec. (e)(4). Pub.
L. 111-5, Div. B, Sec. 1122(a)(2)(A), amended par.
(4) by striking all that preceded subpar. (B) and inserting the language
above. Before being struck, it read as follows:
“(4) Dollar Amounts In Case Of Joint Occupancy.—In
the case of any dwelling unit which is jointly occupied and used during
any calendar year as a residence by 2 or more individuals the following
rules shall apply:
“(A) Maximum Expenditures.—The maximum
amount of expenditures which may be taken into account under subsection
(a) by all such individuals with respect to such dwelling unit during
such calendar year shall be—
“(i) $6,667 in the case of any qualified
solar water heating property expenditures,)
“(ii) $1,667 in the case of each half kilowatt
of capacity of qualified fuel cell property (as defined in section
48(c)(1)) for which qualified fuel cell property expenditures are
made,
“(iii) $1,667 in the case of each half kilowatt
of capacity (not to exceed $13,333) of wind turbines for which qualified
small wind energy property expenditures are made, and
“(iv) $6,667 in the case of any qualified
geothermal heat pump property expenditures.”
Subsec. (e)(4)(C). Pub.
L. 111-5, Div. B, Sec. 1122(a)(2)(B), struck subpar.
(C). Before being struck, it read as follows:
“(C) Subparagraphs (A) and (B) shall be applied
separately with respect to expenditures described in paragraphs (1),
(2), and (3) of subsection (d).”
Subsec. (e)(9). Pub.
L. 111-5, Div. B, Sec. 1103(b)(2)(B), struck par.
(9). Before being struck, it read as follows:
“(9) Property Financed By Subsidized Energy
Financing.—For purposes of determining the amount of expenditures
made by any individual with respect to any dwelling unit, there shall
not be taken into account expenditures which are made from subsidized
energy financing (as defined in section 48(a)(4)(C)).”
2008 — Subsec. (a)(2)–(4). Pub. L. 110-343, Div. B, Sec. 106(c)(1),
amended subsec. (a) by striking “and” at the end of par.
(2), by substituting “, and” for the period at the end
of par. (3), and by adding par. (4).
Subsec. (a)(3)–(5). Pub. L. 110-343, Div. B, Sec. 106(d)(1),
amended subsec. (a) by striking “and” at the end of par.
(3), by substituting “, and” for the period at the end
of par. (4), and by adding par. (5).
Subsec. (b)(1)(A)–(E). Pub. L. 110-343, Div. B, Sec. 106(b)(1),
amended par. (1) by striking subpar. (A) and by redesignating subpars.
(B)–(E) as subpars. (A)–(D), respectively. Before being
struck, subpar. (A) read as follows:
“(A) $2,000 with respect to any qualified
solar electric property expenditures,”.
Subsec. (b)(1)(B)–(D). Pub. L. 110-343, Div. B, Sec. 106(c)(2),
amended par. (1) by striking “and” at the end of subpar.
(B), by substituting “, and” for the period at the end
of subpar. (C), and by adding subpar. (D).
Subsec. (b)(1)(C)–(E). Pub. L. 110-343, Div. B, Sec. 106(d)(2),
amended par. (1) by striking “and” at the end of subpar.
(C), by substituting “, and” for the period at the end
of subpar. (D), and by adding subpar. (E).
Subsec. (c). Pub.
L. 110-343, Div. B, Sec. 106(e)(1). amended subsec.
(c). Before amendment, it read as follows:
“(c) Limitation Based On Amount Of Tax; Carryforward
Of Unused Credit.—
“(1) Rule For Years In Which All Personal
Credits Allowed Against Regular And Alternative Minimum Tax.—
In the case of a taxable year to which section 26(a)(2) applies, if
the credit allowable under subsection (a) exceeds the limitation imposed
by section 26(a)(2) for such taxable year reduced by the sum of the
credits allowable under this subpart (other than this section), such
excess shall be carried to the succeeding taxable year and added to
the credit allowable under subsection (a) for such succeeding taxable
year.
“(2) Rule For Other Years.—In the case
of a taxable year to which section 26(a)(2) does not apply, if the
credit allowable under subsection (a) exceeds the limitation imposed
by section 26(a)(1) for such taxable year reduced by the sum of the
credits allowable under this subpart (other than this section and
sections 23, 24, and 25B), such excess shall be carried to the succeeding
taxable year and added to the credit allowable under subsection (a)
for such succeeding taxable year.”
Subsec. (d)(1). Pub.
L. 110-343, Div. B, Sec. 106(c)(3)(B), amended par.
(1) by adding the sentence at the end.
Subsec. (d)(4). Pub.
L. 110-343, Div. B, Sec. 106(c)(3)(A), amended subsec.
(d) by adding par. (4).
Subsec. (d)(5). Pub.
L. 110-343, Div. B, Sec. 106(d)(3), amended subsec.
(d) by adding par. (5).
Subsec. (e)(4)(A)(ii)–(iv). Pub. L. 110-343, Div. B, Sec. 106(c)(4),
amended subpar. (A) by striking “and” at the end of clause
(ii), by substituting “, and” for the period at the end
of clause (iii), and by adding clause (iv).
Subsec. (e)(4)(A)(iii)–(v). Pub. L. 110-343, Div. B, Sec. 106(d)(4),
amended subpar. (A) by striking “and” at the end of clause
(iii), by substituting “, and” for the period at the end
of clause (iv), and by adding clause (v).
Subsec. (e)(4)(A)(i)–(v). Pub. L. 110-343, Div. B, Sec. 106(b)(2),
amended subpar. (A) by striking clause (i) and by redesignating clauses
(ii)–(v) as clauses (i)–(iv), respectively. Before being
struck, clause (i) read as follows:
“(i) $6,667 in the case of any qualified
solar electric property expenditures,”.
Subsec. (g). Pub.
L. 110-343, Div. B, Sec. 106(a), amended subsec.
(g) by substituting “December 31, 2016” for “December
31, 2008”.
2006 — Subsec. (a)(1). Pub. L. 109-432, Sec. 206(b)(1),
amended par. (1) by substituting “qualified solar electric property
expenditures” for “qualified photovoltaic property expenditures”.
Subsec. (b)(1)(A). Pub. L. 109-432, Sec. 206(b)(1),
amended subpar. (A) by substituting “qualified solar electric
property expenditures” for “qualified photovoltaic property
expenditures”.
Subsec. (d)(2). Pub. L. 109-432, Sec. 206(b)(2),
amended par. (2) by substituting “qualified solar electric property
expenditures” for “qualified photovoltaic property expenditure”
in the heading and the text.
Subsec. (e)(4)(A)(i). Pub. L. 109-432, Sec. 206(b)(1),
amended clause (i) by substituting “qualified solar electric
property expenditures” for “qualified photovoltaic property
expenditures”.
Subsec. (g). Pub.
L. 109-432, Sec. 206(a), amended subsec. (g) by substituting “December
31, 2008” for “December 31, 2007”.
2005 — Subsec. (b)(1). Pub. L. 109-135, Sec. 402(i)(1),
amended par. (1) by inserting “(determined without regard to
subsection (c))” after “subsection (a)”.
Subsec. (c). Pub. L. 109-135, Sec. 402(i)(3)(E),
amended subsec. (c). Before amendment, subsec. (c) would have read
as follows (Note that this version of subsec. (c) never went into
effect due to its effective date):
“(c) Carryforward Of Unused Credit.—
“If the credit allowable under subsection
(a) exceeds the limitation imposed by section 26(a) for such taxable
year reduced by the sum of the credits allowable under this subpart
(other than this section), such excess shall be carried to the succeeding
taxable year and added to the credit allowable under subsection (a)
for such succeeding taxable year.”
Subsec. (e)(4)(A)–(B). Pub. L. 109-135, Sec. 402(i)(2),
amended subpars. (A)–(B). Before amendment, they would have
read as follows (Note that this version of subpars. (A)–(B)
never went into effect due to its effective date):
“(A) The amount of the credit allowable,
under subsection (a) by reason of expenditures (as the case may be)
made during such calendar year by any of such individuals with respect
to such dwelling unit shall be determined by treating all of such
individuals as 1 taxpayer whose taxable year is such calendar year.”
“(B) There shall be allowable, with respect
to such expenditures to each of such individuals, a credit under subsection
(a) for the taxable year in which such calendar year ends in an amount
which bears the same ratio to the amount determined under subparagraph
(A) as the amount of such expenditures made by such individual during
such calendar year bears to the aggregate of such expenditures made
by all of such individuals during such calendar year.”
EFFECTIVE DATE OF 2022 AMENDMENTS
Amendments by Pub. L.
117-169, Sec. 13302(a) shall apply to expenditures made
after December 31, 2021.
Amendments by Pub. L.
117-169, Sec. 13302(b) shall apply to expenditures made
after December 31, 2022.
Amendments by Pub. L.
117-169, Sec. 13302(c)(2) shall apply to expenditures made
after December 31, 2022.
Amendments by Pub. L.
117-169, Sec. 13302(c)(1) shall apply to expenditures made
after December 31, 2022.
EFFECTIVE DATE OF 2020 AMENDMENTS
Amendments by Pub.
L. 116-260, Sec. 148(a), effective for property placed in
service after December 31, 2020.
Amendments by Pub.
L. 116-260, Sec. 148(b), effective for expenditures paid
or incurred in tax years beginning after December 31, 2020.
EFFECTIVE DATE OF 2018 AMENDMENTS
Amendments by Pub.
L. 115-123, Sec. 40402, effective for property placed in
service after December 31, 2016.
EFFECTIVE DATE OF 2015 AMENDMENTS
Amendments by Sec. 304 of Pub.
L. 114-113, Div. P, effective on January 1, 2017.
EFFECTIVE DATE OF 2013 AMENDMENT
Amendment by Sec. 104(c)(2)(F) of Pub. L. 112-240 effective for taxable
years beginning after December 31, 2011.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Div. B, Sec. 1103(b)(2)(B) of Pub. L. 111-5 effective for taxable
years beginning after December 31, 2008.
Amendments by Div. B, Sec. 1122(a) of Pub. L. 111-5 effective for taxable
years beginning after December 31, 2008.
EFFECTIVE DATE OF 2008 AMENDMENTS
Amendments by Div. B, Sec. 106(a), (c)–(e)
of Pub. L. 110-343 effective
for taxable years beginning after December 31, 2007. Pub. L. 110-343, Div. B, Sec. 106(f)(3)
provided that:
“(3) APPLICATION OF EGTRRA SUNSET.—The
amendments made by subparagraphs (A) and (B) of subsection (e)(2)
shall be subject to title IX of the Economic Growth and Tax Relief
Reconciliation Act of 2001 in the same manner as the provisions of
such Act to which such amendments relate.”
Amendments by Div. B, Sec. 106(b) of Pub. L. 110-343 effective for taxable
years beginning after December 31, 2008.
EFFECTIVE DATE OF 2006 AMENDMENTS
Amendments by Sec. 206 of Pub. L. 109-432 effective on the
date of the enactment of this Act [Enacted: Dec. 20, 2006].
EFFECTIVE DATE OF 2005 AMENDMENTS
Amendments by Sec. 402(i)(1) and (2) of Pub. L. 109-135 effective as if
included in the provisions of the Energy Act of 2005 [Pub. L. 109-58, Sec. 1335] to
which they relate [Effective for property placed in service after
December 31, 2005 in taxable years ending after such date].
Amendment by Sec. 402(i)(3)(E) of Pub. L. 109-135 effective for taxable
years beginning after December 31, 2005.
EFFECTIVE DATE
Effective for property placed in service after
December 31, 2005 in taxable years ending after such date.
