26 U.S.C. § 45L — New energy efficient home credit
submitted 21 years ago by Pub. L. 109-58 to r/title-26-INTERNAL-REVENUE-CODE · 1,127 words · no verdicts yet
This law gives builders a tax credit for constructing energy-efficient new homes. The credit ranges from $500 to $5,000 per home, depending on the home's type and efficiency rating. It does not apply to homes acquired after June 30, 2026.
(a) Allowance of credit
(1) In general: For the general business credit, an "eligible contractor" gets the "new energy efficient home credit" for each "qualified new energy efficient home" it built that someone else bought from it to live in during the tax year.
(2) Applicable amount: How much the credit is worth depends on the type of home:
(A) For a single-family or manufactured home eligible for the Energy Star Residential New Construction Program or Energy Star Manufactured New Homes program: $2,500 if it meets the basic energy-saving rule in (c)(1)(A) but not the stricter zero-energy-ready rule in (c)(1)(B); $5,000 if it meets the zero-energy-ready rule.
(B) For a unit in a building eligible for the Energy Star Multifamily New Construction Program: $500 for meeting the basic rule, $1,000 for meeting the zero-energy-ready rule.
(b) Definitions
(1) "Eligible contractor" means whoever built the home — or, for a manufactured home, the company that manufactured it.
(2) "Qualified new energy efficient home" means a home that's in the United States, whose construction finished after this section became law, and that meets the energy-saving rules in subsection (c).
(3) "Construction" also covers substantial rebuilding and rehabilitation, not just new building.
(4) "Acquire" includes buying.
(c) Energy saving requirements
(1) In general:
(A) A home meets this subparagraph if it meets either the single-family rule in (2) or the multi-family rule in (3), whichever applies to it.
(B) A home also meets this subparagraph — the stricter, higher-dollar tier — if it's certified under the Department of Energy's "zero energy ready home" program, as that program stood on January 1, 2023 (or a later program the Secretary* names as its successor).
(2) Single-family home requirements: A home meets this rule if it satisfies both (A)(i) the Energy Star Single-Family New Homes National Program Requirements — version 3.1 if bought before January 1, 2025, or version 3.2 if bought after December 31, 2024 — and (ii) the most recent Energy Star Single-Family New Homes requirements specific to where the home is, as of the later of January 1, 2023 or two years before the home was bought; or (B) the most recent Energy Star Manufactured Home requirements as of that same "later of" date.
(3) Multi-family home requirements: A home meets this rule if it satisfies both (A) the most recent national Energy Star Multifamily New Construction requirements, and (B) the most recent regional requirements for its location — each measured as of the later of January 1, 2023 or three years before the home was bought.
(d) Certification
(1) The Secretary, after talking with the Secretary of Energy, sets the method for certifying that a home meets subsection (c), including how to calculate energy and cost savings.
(2) The certification must be in writing and must clearly list the efficient building parts and heating or cooling equipment installed, along with their rated efficiency.
(e) Basis adjustment
If this credit is claimed for money spent on a home, the home's cost basis — which would normally go up by that spending — goes up by less: reduced by the amount of the credit. This rule does not change how a building's basis is figured under section 42 (the low-income housing credit).
(f) Coordination with investment credit
Money already counted toward the investment credit under section 47 or 48(a) can't also be counted toward this credit.
(g) Prevailing wage requirement
(1) For a multifamily home under (a)(2)(B) that meets the prevailing-wage rule in (2)(A), the credit is bumped up to the higher amount: $2,500 for meeting the basic rule, $5,000 for meeting the zero-energy-ready rule.
(2) (A) That prevailing-wage rule means the taxpayer* must make sure every laborer and mechanic — whether hired directly or through a contractor or subcontractor — who builds the home is paid at least the local prevailing wage rate, as the Secretary of Labor most recently set it under the Davis-Bacon rules (subchapter IV of chapter 31 of title 40, U.S. Code).
(B) If wages fall short, correction and penalty rules like the ones in section 45(b)(7)(B) apply.
(3) The Secretary can issue regulations or guidance for this subsection, including recordkeeping and reporting rules.
(h) Termination
This credit does not apply to any qualified home bought after June 30, 2026.
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—
constructed by the eligible contractor, and
acquired by a person from such eligible contractor for use as a residence during the taxable year.
For purposes of paragraph (1), the applicable amount is an amount equal to—
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—
which meets the requirements of subsection (c)(1)(A) (and which does not meet the requirements of subsection (c)(1)(B)), $2,500, and
which meets the requirements of subsection (c)(1)(B), $5,000, and
in the case of a dwelling unit which is part of a building eligible to participate in the Energy Star Multifamily New Construction Program—
which meets the requirements of subsection (c)(1)(A) (and which does not meet the requirements of subsection (c)(1)(B)), $500, and
which meets the requirements of subsection (c)(1)(B), $1,000.
For purposes of this section—
The term “eligible contractor” means—
the person who constructed the qualified new energy efficient home, or
in the case of a qualified new energy efficient home which is a manufactured home, the manufactured home producer of such home.
The term “qualified new energy efficient home” means a dwelling unit—
located in the United States,
the construction of which is substantially completed after the date of the enactment of this section, and
which meets the energy saving requirements of subsection (c).
The term “construction” includes substantial reconstruction and rehabilitation.
The term “acquire” includes purchase.
A dwelling unit meets the requirements of this subparagraph if such dwelling unit meets the requirements of paragraph (2) or (3) (whichever is applicable).
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*).
A dwelling unit meets the requirements of this paragraph if—
such dwelling unit meets—
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
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
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
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.
A dwelling unit meets the requirements of this paragraph if—
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
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).
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.
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.
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.
For purposes of this section, expenditures taken into account under section 47 or 48(a) shall not be taken into account under this section.
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—
$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
$5,000 in the case of a residence which meets the requirements of subsection (c)(1)(B).
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.
Rules similar to the rules of section 45(b)(7)(B) shall apply.
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.
This section shall not apply to any qualified new energy efficient home acquired after June 30, 2026.
Source credit: (Added Pub. L. 109–58, title XIII, § 1332(a), Aug. 8, 2005, 119 Stat. 1024; amended Pub. L. 109–432, div. A, title II, § 205, Dec. 20, 2006, 120 Stat. 2945; Pub. L. 110–172, § 11(a)(7), Dec. 29, 2007, 121 Stat. 2485; Pub. L. 110–343, div. B, title III, § 304, Oct. 3, 2008, 122 Stat. 3845; Pub. L. 111–312, title VII, § 703(a), Dec. 17, 2010, 124 Stat. 3311; Pub. L. 112–240, title IV, § 408(a), (b), Jan. 2, 2013, 126 Stat. 2342; Pub. L. 113–295, div. A, title I, § 156(a), Dec. 19, 2014, 128 Stat. 4021; Pub. L. 114–113, div. Q, title I, § 188(a), Dec. 18, 2015, 129 Stat. 3074; Pub. L. 115–123, div. D, title I, § 40410(a), Feb. 9, 2018, 132 Stat. 150; Pub. L. 116–94, div. Q, title I, § 129(a), Dec. 20, 2019, 133 Stat. 3232; Pub. L. 116–260, div. EE, title I, § 146(a), Dec. 27, 2020, 134 Stat. 3055; Pub. L. 117–169, title I, § 13304(a)–(e), Aug. 16, 2022, 136 Stat. 1952–1954; Pub. L. 119–21, title VII, § 70508, July 4, 2025, 139 Stat. 251.)
- 2005Enacted · Pub. L. 109-58 · 119 Stat. 1024
- 2006Amended · Pub. L. 109-432 · 120 Stat. 2945
- 2007Amended · Pub. L. 110-172 · 121 Stat. 2485
- 2008Amended · Pub. L. 110-343 · 122 Stat. 3845
- 2010Amended · Pub. L. 111-312 · 124 Stat. 3311
- 2013Amended · Pub. L. 112-240 · 126 Stat. 2342
- 2014Amended · Pub. L. 113-295 · 128 Stat. 4021
- 2015Amended · Pub. L. 114-113 · 129 Stat. 3074
- 2018Amended · Pub. L. 115-123 · 132 Stat. 150
- 2019Amended · Pub. L. 116-94 · 133 Stat. 3232
- 2020Amended · Pub. L. 116-260 · 134 Stat. 3055
- 2022Amended · Pub. L. 117-169 · 136 Stat. 1952
- 2025Amended · Pub. L. 119-21 · 139 Stat. 251
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2005-08-08.
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