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Sec. 45L. New Energy Efficient Home Credit

Editor's Note: Pub. L 117-169, Sec. 13304, amended Sec. 45L with a delayed effective date as indicated below.
I.R.C. § 45L(a) Allowance Of Credit
I.R.C. § 45L(a)(1) In General
For purposes of section 38, in the case of an eligible contractor, the new energy efficient home credit for the taxable year is the applicable amount for each qualified new energy efficient home which is—
I.R.C. § 45L(a)(1)(A)
constructed by the eligible contractor, and
I.R.C. § 45L(a)(1)(B)
acquired by a person from such eligible contractor for use as a residence during the taxable year.
Editor's Note: Sec. 45L(a)(2), below, before amendment by Pub. L 117-169, Sec. 13304(b), is effective for dwelling units acquired before January 1, 2023.
I.R.C. § 45L(a)(2) Applicable Amount
For purposes of paragraph (1), the applicable amount is an amount equal to—
I.R.C. § 45L(a)(2)(A)
in the case of a dwelling unit described in paragraph (1) or (2) of subsection (c), $2,000, and
I.R.C. § 45L(a)(2)(B)
in the case of a dwelling unit described in paragraph (3) of subsection (c), $1,000.
Editor's Note: Sec. 45L(a)(2), below, after amendment by Pub. L 117-169, Sec. 13304(b), is effective for dwelling units acquired after December 31, 2022.
I.R.C. § 45L(a)(2) Applicable Amount
For purposes of paragraph (1), the applicable amount is an amount equal to—
I.R.C. § 45L(a)(2)(A)
in the case of a dwelling unit which is eligible to participate in the Energy Star Residential New Construction Program or the Energy Star Manufactured New Homes program—
I.R.C. § 45L(a)(2)(A)(i)
which meets the requirements of subsection (c)(1)(A) (and which does not meet the requirements of subsection (c)(1)(B)), $2,500, and
I.R.C. § 45L(a)(2)(A)(ii)
which meets the requirements of subsection (c)(1)(B), $5,000, and
I.R.C. § 45L(a)(2)(B)
in the case of a dwelling unit which is part of a building eligible to participate in the Energy Star Multifamily New Construction Program—
I.R.C. § 45L(a)(2)(B)(i)
which meets the requirements of subsection (c)(1)(A) (and which does not meet the requirements of subsection (c)(1)(B)), $500, and
I.R.C. § 45L(a)(2)(B)(ii)
which meets the requirements of subsection (c)(1)(B), $1,000.
I.R.C. § 45L(b) Definitions
For purposes of this section—
I.R.C. § 45L(b)(1) Eligible Contractor
The term “eligible contractor” means—
I.R.C. § 45L(b)(1)(A)
the person who constructed the qualified new energy efficient home, or
I.R.C. § 45L(b)(1)(B)
in the case of a qualified new energy efficient home which is a manufactured home, the manufactured home producer of such home.
I.R.C. § 45L(b)(2) Qualified New Energy Efficient Home
The term “qualified new energy efficient home” means a dwelling unit—
I.R.C. § 45L(b)(2)(A)
located in the United States,
I.R.C. § 45L(b)(2)(B)
the construction of which is substantially completed after the date of the enactment of this section, and
I.R.C. § 45L(b)(2)(C)
which meets the energy saving requirements of subsection (c).
I.R.C. § 45L(b)(3) Construction
The term “construction” includes substantial reconstruction and rehabilitation.
I.R.C. § 45L(b)(4) Acquire
The term “acquire” includes purchase.
Editor's Note: Sec. 45L(c), below, before amendment by Pub. L 117-169, Sec. 13304(c), is effective for dwelling units acquired before January 1, 2023.
I.R.C. § 45L(c) Energy Saving Requirements
A dwelling unit meets the energy saving requirements of this subsection if such unit is—
I.R.C. § 45L(c)(1)
certified—
I.R.C. § 45L(c)(1)(A)
to have a level of annual heating and cooling energy consumption which is at least 50 percent below the annual level of heating and cooling energy consumption of a comparable dwelling unit—
I.R.C. § 45L(c)(1)(A)(i)
which is constructed in accordance with the standards of chapter 4 of the 2006 International Energy Conservation Code, as such Code (including supplements) is in effect on January 1, 2006, and
I.R.C. § 45L(c)(1)(A)(ii)
for which the heating and cooling equipment efficiencies correspond to the minimum allowed under the regulations established by the Department of Energy pursuant to the National Appliance Energy Conservation Act of 1987 and in effect at the time of completion of construction, and
I.R.C. § 45L(c)(1)(B)
to have building envelope component improvements account for at least 1/5 of such 50 percent,
I.R.C. § 45L(c)(2)
a manufactured home which conforms to Federal Manufactured Home Construction and Safety Standards (part 3280 of title 24, Code of Federal Regulations) and which meets the requirements of paragraph (1), or
I.R.C. § 45L(c)(3)
a manufactured home which conforms to Federal Manufactured Home Construction and Safety Standards (part 3280 of title 24, Code of Federal Regulations) and which—
I.R.C. § 45L(c)(3)(A)
meets the requirements of paragraph (1) applied by substituting “30 percent” for “50 percent” both places it appears therein and by substituting “1/3” for “1/5” in subparagraph (B) thereof, or
I.R.C. § 45L(c)(3)(B)
meets the requirements established by the Administrator of the Environmental Protection Agency under the Energy Star Labeled Homes program.
Editor's Note: Sec. 45L(c), below, after amendment by Pub. L 117-169, Sec. 13304(c), is effective for dwelling units acquired after December 31, 2022.
I.R.C. § 45L(c) Energy Saving Requirements
I.R.C. § 45L(c)(1) In General
I.R.C. § 45L(c)(1)(A) In General
A dwelling unit meets the requirements of this subparagraph if such dwelling unit meets the requirements of paragraph (2) or (3) (whichever is applicable).
I.R.C. § 45L(c)(1)(B) Zero Energy Ready Home Program
A dwelling unit meets the requirements of this subparagraph if such dwelling unit is certified as a zero energy ready home under the zero energy ready home program of the Department of Energy as in effect on January 1, 2023 (or any successor program determined by the Secretary).
I.R.C. § 45L(c)(2) Single-Family Home Requirements
A dwelling unit meets the requirements of this paragraph if—
I.R.C. § 45L(c)(2)(A)
such dwelling unit meets—
I.R.C. § 45L(c)(2)(A)(i)
I.R.C. § 45L(c)(2)(A)(i)(I)
in the case of a dwelling unit acquired before January 1, 2025, the Energy Star Single-Family New Homes National Program Requirements 3.1, or
I.R.C. § 45L(c)(2)(A)(i)(II)
in the case of a dwelling unit acquired after December 31, 2024, the Energy Star Single-Family New Homes National Program Requirements 3.2, and
I.R.C. § 45L(c)(2)(A)(ii)
the most recent Energy Star Single-Family New Homes Program Requirements applicable to the location of such dwelling unit (as in effect on the latter of January 1, 2023, or January 1 of two calendar years prior to the date the dwelling unit was acquired), or
I.R.C. § 45L(c)(2)(B)
such dwelling unit meets the most recent Energy Star Manufactured Home National program requirements as in effect on the latter of January 1, 2023, or January 1 of two calendar years prior to the date such dwelling unit is acquired.
I.R.C. § 45L(c)(3) Multi-Family Home Requirements
A dwelling unit meets the requirements of this paragraph if—
I.R.C. § 45L(c)(3)(A)
such dwelling unit meets the most recent Energy Star Multifamily New Construction National Program Requirements (as in effect on either January 1, 2023, or January 1 of three calendar years prior to the date the dwelling was acquired, whichever is later), and
I.R.C. § 45L(c)(3)(B)
such dwelling unit meets the most recent Energy Star Multifamily New Construction Regional Program Requirements applicable to the location of such dwelling unit (as in effect on either January 1, 2023, or January 1 of three calendar years prior to the date the dwelling was acquired, whichever is later).
I.R.C. § 45L(d) Certification
I.R.C. § 45L(d)(1) Method Of Certification
A certification described in subsection (c) shall be made in accordance with guidance prescribed by the Secretary, after consultation with the Secretary of Energy. Such guidance shall specify procedures and methods for calculating energy and cost savings.
I.R.C. § 45L(d)(2) Form
Any certification described in subsection (c) shall be made in writing in a manner which specifies in readily verifiable fashion the energy efficient building envelope components and energy efficient heating or cooling equipment installed and their respective rated energy efficiency performance.
Editor's Note: Sec. 45L(e), below, before amendment by Pub. L 117-169, Sec. 13304(e), is effective for dwelling units acquired after January 1, 2023.
I.R.C. § 45L(e) Basis Adjustment
For purposes of this subtitle, if a credit is allowed under this section in connection with any expenditure for 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 determined.
Editor's Note: Sec. 45L(e), below, after amendment by Pub. L 117-169, Sec. 13304(e), is effective for dwelling units acquired after December 31, 2022.
I.R.C. § 45L(e) Basis Adjustment
For purposes of this subtitle, if a credit is allowed under this section in connection with any expenditure for 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 determined. This subsection shall not apply for purposes of determining the adjusted basis of any building under section 42.
I.R.C. § 45L(f) Coordination With Investment Credit
For purposes of this section, expenditures taken into account under section 47 or 48(a) shall not be taken into account under this section.
Editor's Note: Sec. 45L(g), below, before being redesignated by Pub. L 117-169, Sec. 13304(d), is effective for dwelling units acquired before January 1, 2023.
I.R.C. § 45L(g) Termination
This section shall not apply to any qualified new energy efficient home acquired after December 31, 2032.
Editor's Note: Sec. 45L(g), below, after being added by Pub. L 117-169, Sec. 13304(d), is effective for dwelling units acquired after December 31, 2022.
I.R.C. § 45L(g) Prevailing Wage Requirement
I.R.C. § 45L(g)(1) In General
In the case of a qualifying residence described in subsection (a)(2)(B) meeting the prevailing wage requirements of paragraph (2)(A), the credit amount allowed with respect to such residence shall be—
I.R.C. § 45L(g)(1)(A)
$2,500 in the case of a residence which meets the requirements of subparagraph (A) of subsection (c)(1) (and which does not meet the requirements of subparagraph (B) of such subsection), and
I.R.C. § 45L(g)(1)(B)
$5,000 in the case of a residence which meets the requirements of subsection (c)(1)(B).
I.R.C. § 45L(g)(2) Prevailing Wage Requirements
I.R.C. § 45L(g)(2)(A) In General
The requirements described in this subparagraph with respect to any qualified residence are that the taxpayer shall ensure that any laborers and mechanics employed by the taxpayer or any contractor or subcontractor in the construction of such residence shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality in which such residence is located as most recently determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code.
I.R.C. § 45L(g)(2)(B) Correction and Penalty Related To Failure To Satisfy Wage Requirements
Rules similar to the rules of section 45(b)(7)(B) shall apply.
I.R.C. § 45L(g)(3) Regulations And Guidance
The Secretary shall issue such regulations or other guidance as the Secretary determines necessary to carry out the purposes of this subsection, including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection.
Editor's Note: Sec. 45L(h), below, after being redesignated by Pub. L 117-169, Sec. 13304(d), is effective for dwelling units acquired after December 31, 2022.
I.R.C. § 45L(h) Termination
This section shall not apply to any qualified new energy efficient home acquired after December 31, 2032.
(Added by Pub. L. 109-58, title XIII, Sec. 1332(a), Aug. 8, 2005, 119 Stat. 594; and amended by Pub. L. 109-432, div. A, title II, Sec. 205, Dec. 20, 2006, 120 Stat. 2922; Pub. L. 110-172, Sec. 11(a)(7), Dec. 29, 2007, 121 Stat. 2473; Pub. L. 110-343, div. B, title III, Sec. 304, Oct. 3, 2008, 122 Stat. 3765; Pub. L. 111-312, Sec. 703, Dec. 17, 2010, 124 Stat. 3296; Pub. L. 112-240, title IV, Sec. 408, Jan. 2, 2013, 126 Stat. 2313; Pub. L. 113-295, Div. A, title I, Sec. 156(a), Dec. 19, 2014, 128 Stat. 4010; Pub. L. 114-113, Div. Q, title I, Sec. 188(a), Dec. 18, 2015; Pub. L. 115-123, Div. D, title I, Sec. 40410(a), Feb. 9, 2018, 132 Stat 64; Pub. L. 116-94, Div. Q, title I, Sec. 129(a), Dec. 20, 2019; Pub. L. 116-260, Div. EE, title I, Sec. 146(a), Dec. 27, 2020, 134 Stat. 1182; Pub. L 117-169, title I, Sec. 13304, Aug. 16, 2022, 136 Stat. 1818.)
BACKGROUND NOTES
AMENDMENTS
2022 —Subsec. (a)(2). Pub. L 117-169, title I, Sec. 13304(b) amends subsec. (a)(2). Before amendment, it read as follows:
(2) Applicable Amount.
For purposes of paragraph (1), the applicable amount is an amount equal to—
(A) in the case of a dwelling unit described in paragraph (1) or (2) of subsection (c), $2,000, and
(B) in the case of a dwelling unit described in paragraph (3) of subsection (c), $1,000.
Subsec. (c). Pub. L 117-169, title I, Sec. 13304(c) amends subsec. (c). Before amendment, it read as follows:
(c) Energy Saving Requirements
A dwelling unit meets the energy saving requirements of this subsection if such unit is—
(1) certified—
(A) to have a level of annual heating and cooling energy consumption which is at least 50 percent below the annual level of heating and cooling energy consumption of a comparable dwelling unit—
(i) which is constructed in accordance with the standards of chapter 4 of the 2006 International Energy Conservation Code, as such Code (including supplements) is in effect on January 1, 2006, and
(ii) for which the heating and cooling equipment efficiencies correspond to the minimum allowed under the regulations established by the Department of Energy pursuant to the National Appliance Energy Conservation Act of 1987 and in effect at the time of completion of construction, and
(B) to have building envelope component improvements account for at least 1/5 of such 50 percent,
(2) a manufactured home which conforms to Federal Manufactured Home Construction and Safety Standards (part 3280 of title 24, Code of Federal Regulations) and which meets the requirements of paragraph (1), or
(3) a manufactured home which conforms to Federal Manufactured Home Construction and Safety Standards (part 3280 of title 24, Code of Federal Regulations) and which—
(A) meets the requirements of paragraph (1) applied by substituting “30 percent” for “50 percent” both places it appears therein and by substituting “1/3” for “1/5” in subparagraph (B) thereof, or
(B) meets the requirements established by the Administrator of the Environmental Protection Agency under the Energy Star Labeled Homes program.
Subsec. (e). Pub. L 117-169, title I, Sec. 13304(e) amends subsec. (e) by inserting the following after the first sentence:
“This subsection shall not apply for purposes of determining the adjusted basis of any building under section 42.”
Subsec. (g). Pub. L 117-169, title I, Sec. 13304(a) amends subsec. (g) by substituting “December 31, 2032” for “December 31, 2021”.
New subsec. (g). Pub. L 117-169, title I, Sec. 13304(d) redesignates subsec. (g) to (h), and adds new subsec. (g) after (f).
2020 -- Subsec. (g). Pub. L. 116-260, Div. EE, title I, Sec. 146(a), amended subsec. (g) by substituting “December 31, 2021” for “December 31, 2020”.
2019 -- Subsec. (g). Pub. L. 116-94, Sec. 129(a), amended subsec. (g) by substituting “December 31, 2020” for “December 31, 2017”.
2018 - Subsec. (g). Pub. L. 115-123, Sec. 40410(a), amended Subsec. (g) by substituting “December 31, 2017” for “December 31, 2016”.
2015 - Subsec. (g). Pub. L. 114-113, Div. Q, Sec. 188(a), amended subsec. (g) by substituting “December 31, 2016” for “December 31, 2014”.
2014 - Subsec. (g). Pub. L. 113-295, Div. A, Sec. 156(a), amended subsec. (g) by substituting “December 31, 2014” for “December 31, 2013”.
2010 - Subsec. (c)(1)(A)(i). Pub. L. 112-240, Sec. 408(b), amended clause (i) by substituting “2006 International Energy Conservation Code, as such Code (including supplements) is in effect on January 1, 2006” for “2003 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of this section”.
Subsec. (g). Pub. L. 112-240, Sec. 408(a), amended subsec. (g) by substituting “December 31, 2013” for “December 31, 2011”.
2010 - Subsec. (g). Pub. L. 111-312, Sec. 703(a), amended subsec. (g) by substituting “December 31, 2011” for “December 31, 2009”.
2008 - Subsec. (g). Pub. L. 110-343, div. B, Sec. 304, amended subsec. (g) by substituting “December 31, 2009” for “December 31, 2008”.
2007 — Subsec. (c)(2). Pub. L. 110-172, Sec. 11(a)(7), amended par. (2) by substituting “part 3280” for “section 3280”.
Subsec. (c)(3). Pub. L. 110-172, Sec. 11(a)(7), amended par. (3) by substituting “part 3280” for “section 3280”.
2006 — Subsec. (g). Pub. L. 109-432, Sec. 205, amended subsec. (g) by substituting “December 31, 2008” for “December 31, 2007”.
EFFECTIVE DATE OF 2022 AMENDMENT
Amendments by Pub. L 117-169, title I, Sec. 13304(b), (c), (d) and (e) shall apply to dwelling units acquired after December 31, 2022.
Amendments by Pub. L 117-169, title I, Sec. 13304(a) shall apply to dwelling units acquired after December 31, 2021.
EFFECTIVE DATE OF 2020 AMENDMENT
Amendment by Pub. L. 116-260, Div. EE, Sec. 146(a), effective for homes acquired after December 31, 2020.
EFFECTIVE DATE OF 2019 AMENDMENT
Amendment by Pub. L. 116-94, Sec. 129(a), effective for homes acquired after December 31, 2017.
EFFECTIVE DATE OF 2018 AMENDMENTS
Amendment by Pub. L. 115-123, Sec. 40410(a), effective for homes acquired after December 31, 2016.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114-113, Div. Q, Sec. 188(a), effective for homes acquired after December 31, 2014.
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113-295, Div. A, Sec. 156(a), effective for homes acquired after December 31, 2013.
EFFECTIVE DATE OF 2013 AMENDMENTS
Amendments by Sec. 408 of Pub. L. 112-240 effective for homes acquired after December 31, 2011.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Sec. 703 of Pub. L. 111-312 effective for homes acquired after December 31, 2009.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Div. B, Sec. 304 of Pub. L. 110-343 effective on the date of the enactment of this Act [Enacted: Oct. 3, 2008].
EFFECTIVE DATE OF 2007 AMENDMENTS
Amendments by Sec. 11(a)(7) of Pub. L. 110-172 effective on the date of the enactment of this Act [Enacted: Dec. 29, 2007].
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by Sec. 205 of Pub. L. 109-432 effective on the date of the enactment of this Act [Enacted: Dec. 20, 2006].
EFFECTIVE DATE
Effective for qualified new energy efficient homes acquired after December 31, 2005, in taxable years ending after such date.