February 18,
2009
Dear Client,
The recently
enacted “American Recovery and Reinvestment Act of 2009” (the 2009 economic
stimulus act) includes a package of tax incentives to encourage investments in
renewable energy projects or more-efficient technologies. We are writing to give you an overview of
these new provisions. Please call our offices for details of how the new
changes may affect you, your investments, or your business.
Long-term
extension and modification of renewable energy production tax credit. The new legislation
extends the placed-in-service date for wind facilities for three years (through
December 31, 2012). It also extends the placed-in-service date through December
31, 2013 for certain other qualifying facilities: closed-loop biomass; open-loop
biomass; geothermal; small irrigation; hydropower; landfill gas;
waste-to-energy; and marine renewable facilities.
Temporary
election to claim the investment tax credit in lieu of the production tax
credit. Facilities that produce electricity from solar facilities are
eligible to take a 30% investment tax credit in the year the facility is placed
in service. Facilities that produce electricity from wind, closed-loop biomass,
open-loop biomass, geothermal, small irrigation, hydropower, landfill gas,
waste-to-energy, and marine renewable facilities are eligible for a production
tax credit, payable over a ten-year period. The Act provides a temporary
election to claim the investment tax credit in lieu of the production tax
credit.
Business
energy credit. The new law enhances the business energy credit by eliminating
the cap on small wind property and repealing the basis reduction requirement
for subsidized energy financing.
Energy-efficient
existing homes. The new law extends the tax credit for improvements to
energy-efficient existing homes through 2010. For 2009 and 2010, the amount of
the tax credit is increased from 10% to 30% of the amount paid or incurred by
the taxpayer for qualified energy efficiency improvements during the tax year.
The property-by-property dollar caps on the tax credit are also eliminated, and
an aggregate $1,500 cap applies to all property qualifying for the credit.
Residential
energy property. The new law removes the dollar limitations on certain energy
credits, e.g., for qualified small wind energy property ($4,000 cap); for
qualified solar water heating property ($2,000 cap); and qualified geothermal
heat pumps ($2,000).
Tax
credits for alternative fuel pumps. The new law provides an increase for 2009 and
2010 in the 30% alternative refueling property credit for businesses (capped at
$30,000) to 50% (capped at $50,000).
Credit
for investment in advanced energy facilities. The new law
establishes a new manufacturing investment tax credit for investment in
advanced energy facilities, such as facilities that manufacture components for
the production of renewable energy, advanced battery technology, and other
innovative next-generation green technologies.
Vehicles. The new law provides a
tax credit for purchases of plug-in electric drive vehicles ranging from $2,500
to $7,500 depending on battery capacity. The new law also restores and updates
the electric vehicle credit for plug-in electric vehicles that would not
otherwise qualify for the larger plug-in electric drive vehicle credit and
provides a tax credit for plug-in electric drive conversion kits.
More
funding for bonds. The new law authorizes additional funds for new clean
renewable energy bonds and qualified energy conservation bonds.
We hope this
information is helpful. If you would like more details about these or any other
aspects of the new law, please do not hesitate to call.
Very truly yours,
Gosling & Company, P.C.
Certified Public Accountants
IRS
Circular 230 Disclosure: To ensure
compliance with requirements imposed by the IRS, we inform you that any U.S.
federal tax advice contained in this communication (including any attachments)
is not intended or written to be used, and cannot be used, for the purpose of
(i) avoiding penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any transaction or matter addressed
herein or in any attachment hereto.