II
109th CONGRESS
2d Session
S. 3628
IN THE SENATE OF THE UNITED STATES
June 29, 2006
Ms. Snowe (for herself, Mrs. Feinstein, and Mr. Kerry) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend the Internal Revenue Code of 1986 to improve and extend certain energy-related tax provisions, and for other purposes.
Short title; etc
Short title
This Act may be cited
as the EXTEND the Energy Efficiency
Incentives Act of 2006
.
Amendment of 1986 Code
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; etc.
TITLE I—Non-business energy improvements
Sec. 101. Performance based energy improvements for non-business property.
Sec. 102. Extension and modification of credit for nonbusiness energy property.
Sec. 103. Modification of credit for solar electric property and solar hot water property.
TITLE II—Business-related energy improvements
Sec. 201. Extension and clarification of new energy efficient home credit.
Sec. 202. Extension and modification of deduction for energy efficient commercial buildings.
Sec. 203. Deduction for energy efficient low-rise buildings.
Sec. 204. Energy efficient property deduction.
Sec. 205. Extension of investment tax credit with respect to solar energy property and qualified fuel cell property.
TITLE III—Incentives for energy savings certifications
Sec. 301. Credit for energy savings certifications.
Non-business energy improvements
Performance based energy improvements for non-business property
In general
Subpart A of part IV of subchapter A of chapter 1 is amended by inserting after section 25D the following new section:
Performance based energy improvements
In general
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 amount of qualified energy efficiency expenditures paid or incurred by the taxpayer during the taxable year.
Limitations
In general
The amount allowed as a credit under subsection (a) shall not exceed—
in the case of a principal residence that achieves a qualified energy savings of 50 percent or more, $2,000, and
in the case of a principal residence which achieves a qualified energy savings of less than 50 percent, the product of—
the qualified energy savings achieved, and
$4,000.
Minimum amount of qualified energy savings
No credit shall be allowed under subsection (a) with respect to any principal residence which achieves a qualified energy savings of less than 20 percent.
Qualified energy efficiency expenditures
For purposes of this section:
In general
The term qualified energy efficiency expenditures means any amount paid or incurred which is related to producing qualified energy savings in a principal residence of the taxpayer which is located in the United States.
No double benefit for certain expenditures
The term qualified energy efficiency expenditures shall not include any expenditure for which a deduction or credit is otherwise allowed to the taxpayer under this chapter.
Principal residence
The term principal residence has the same meaning as when used in section 121, except that—
no ownership requirement shall be imposed, and
the period for which a building is treated as used as a principal residence shall also include the 60-day period ending on the 1st day on which it would (but for this subparagraph) first be treated as used as a principal residence.
Qualified energy savings
For purposes of this section—
In general
The term qualified energy savings means, with respect to any principal residence, the amount (measured as a percentage) by which—
the annual energy use with respect to the principal residence after qualified energy efficiency expenditures are made, as certified under paragraph (2), is less than
the annual energy use with respect to the principal residence before the qualified energy efficiency expenditures were made, as certified under paragraph (2).
Certification
In general
The Secretary, in consultation with the Secretary of Energy, shall prescribe the procedures and methods for the making of certifications under this paragraph based on the Residential Energy Services Network (RESNET) Technical Guidelines in effect on the date of the enactment of this section.
Qualified individuals
Any certification made under this paragraph may only be made by an individual who is recognized by an organization certified by the Secretary for such purposes.
Special rules
For purposes of this section rules similar to the rules under paragraphs (4), (5), (6), (7), (8), and (9) of section 25D(e) and section 25C(e)(2) shall apply.
Basis adjustments
For purposes of this subtitle, if a credit is allowed under this section with respect to 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.
Termination
This section shall not apply with respect to any property placed in service after December 31, 2010.
.
Interim guidance on certification
In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Energy, shall issue interim guidance on—
the procedures and methods for making certifications under sections 25E(d)(2)(A) and 179E(d)(2)(A) of the Internal Revenue Code of 1986, as added by subsection (a) and section 203, respectively; and
the recognition of qualified individuals under sections 25E(d)(2)(B) and 179E(d)(2)(B) of such Code for the purpose of making such certifications.
Consultation with stakeholders
In general
The Secretary of the Treasury, in issuing guidance pursuant to paragraph (1), shall consider comments from energy efficiency experts and other interested parties.
Other considerations
In the case of guidance issued pursuant to paragraph (1)(B), the Secretary of the Treasury shall also consider—
the Residential Energy Services Network Technical Guidelines and other pertinent guidelines for evaluating energy savings;
energy modeling software, including software accredited through the Residential Energy Services Network; and
quality assurance procedures of the Building Performance Institute, Home Performance through Energy Star, and the Residential Energy Services Network.
Alternative certification methods
In general
The Secretary of the Treasury shall establish a procedure for individuals and businesses to petition for the approval of alternative methods of certification under sections 25E(d)(2)(A) and 179E(d)(2)(A) of the Internal Revenue Code of 1986, as added by subsection (a) and section 203, respectively.
Determination
The Secretary of the Treasury shall make a determination on the approval or disapproval of such alternative methods of certification not later than 90 days after receiving a petition under paragraph (1).
Conforming amendments
Section 1016(a)
is amended by striking and
at the end of paragraph (36), by
striking the period at the end of paragraph (37) and inserting ,
and
, and by adding at the end the following new paragraph:
to the extent provided in section 25E(f).
.
The table of sections for subpart A of part IV of subchapter A chapter 1 is amended by inserting after the item relating to section 25D the following new item:
.
Effective dates
The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.
Extension and modification of credit for nonbusiness energy property
Extension
Subsection
(g) of section 25C of the Internal Revenue Code of 1986 (relating to
termination) is amended by striking December 31, 2007
and
inserting December 31, 2010
.
Modifications for residential energy efficiency property expenditures
Increased limitation for oil furnaces and natural gas, propane, and oil hot water boilers
In general
Subparagraphs (B) and (C) of section 25C(b)(3) are amended to read as follows:
$150 for any qualified natural gas furnace or qualified propane furnace, and
$300 for—
any item of energy-efficient building property, and
any qualified oil furnace, qualified natural gas hot water boiler, qualified propane hot water boiler, or qualified oil hot water boiler.
.
Conforming amendment
Clause (ii) of section 25C(d)(2)(A) is amended to read as follows:
any qualified natural gas furnace, qualified propane furnace, qualified oil furnace, qualified natural gas hot water boiler, qualified propane hot water boiler, or qualified oil hot water boiler, or
.
Modifications of standards for energy-efficient building property
Electric heat pumps
Subparagraph (B) of section 25C(d)(3) is amended to read as follows:
an electric heat pump which achieves the highest efficiency tier established by the Consortium for Energy Efficiency, as in effect on January 1, 2007.
.
Central air conditioners
Section 25C(d)(3)(D) is amended by striking
2006
and inserting 2007
.
Oil furnaces and hot water boilers
Paragraph (4) of section 25C(d) is amended to read as follows:
Qualified natural gas, propane, and oil furnaces and hot water boilers
Qualified natural gas furnace
The term qualified natural gas furnace means any natural gas furnace which achieves an annual fuel utilization efficiency rate of not less than 95.
Qualified natural gas hot water boiler
The term qualified natural gas hot water boiler means any natural gas hot water boiler which achieves an annual fuel utilization efficiency rate of not less than 95.
Qualified propane furnace
The term qualified propane furnace means any propane furnace which achieves an annual fuel utilization efficiency rate of not less than 95.
Qualified propane hot water boiler
The term qualified propane hot water boiler means any propane hot water boiler which achieves an annual fuel utilization efficiency rate of not less than 95.
Qualified oil furnaces
The term qualified oil furnace means any oil furnace which achieves an annual fuel utilization efficiency rate of not less than 90.
Qualified oil hot water boiler
The term qualified oil hot water boiler means any oil hot water boiler which achieves an annual fuel utilization efficiency rate of not less than 90.
.
Modification of qualified energy efficiency improvements
In general
Paragraph (1) of section 25C(c) is amended by inserting
, or an asphalt roof with appropriate cooling granules,
before
which meet the Energy Star program requirements
.
Building envelope component
Subparagraph (D) of section 25C(c)(2) is amended—
by inserting
or asphalt roof
after metal roof
, and
by inserting
or cooling granules
after pigmented
coatings
.
Elimination of credit for qualified energy efficiency improvements in 2010
In general
Subsection (a) of section 25C of the Internal Revenue Code of 1986 is amended to read as follows:
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 amount of residential energy property expenditures paid or incurred by the taxpayer during the taxable year.
.
Conforming amendments
Section 25C(b) of such Code, as amended by subsection (b)(1), is amended by striking paragraphs (1) and (2) and by redesignating paragraph (3) as paragraph (1).
Section 25C(b)(1)
of such Code, as redesignated by subparagraph (A), is amended by striking
by reason of subsection (a)(2)
.
Section 25C of such Code is amended by striking subsection (c).
Effective dates
In general
Except as provided in paragraphs (2) and (3), the amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.
Subsection (b)
The amendments made by subsection (b) shall apply to property placed in service after December 31, 2006.
Subsection (d)
The amendments made by subsection (d) shall apply to property placed in service after December 31, 2009.
Modification of credit for solar electric property and solar hot water property
In general
Subsection (a) of section 25D (relating to allowance of credit) is amended by striking paragraphs (1) and (2) and inserting the following:
100 percent of the qualified solar electric property expenditures made by the taxpayer during such year,
100 percent of the qualified solar hot water property expenditures made by the taxpayer during such year, and
.
Limitations
In general
Paragraph (1) of section 25D(b) is amended by striking subparagraphs (A) and (B) and inserting the following:
$2 with respect to each peak watt of capacity of qualified solar electric property for which qualified solar electric property expenditures are made,
in the case of qualified solar water heating property expenditures, an amount equal to—
in the case of a dwelling unit which uses electricity to heat water, $0.35 with respect to each kilowatt per year of savings of qualified solar hot water property for which qualified solar water heating property expenditures are made, or
in the case of a dwelling unit which uses natural gas to heat water, $7 with respect to each annual Therm of natural gas savings of qualified solar hot water property for which qualified solar water heating property expenditures are made, and
.
Determination of savings
Paragraph (1) of section 25D(b) is amended by adding at the end the following new flush sentence:
For purposes of subparagraph (B), savings shall be determined under regulations prescribed by the Secretary based on the OG–300 Standard for the Annual Performance of OG–300 Certified Systems of the Solar Rating and Certification Corporation.
.
Definitions
In general
Section 25D(d) is amended—
by redesignating paragraph (3) as paragraph (5), and
by striking paragraphs (1) and (2) and inserting the following:
Qualified solar electric property expenditures
The term qualified solar electric property expenditures means any amount paid or incurred for qualified solar electric property.
Qualified solar electric property
The term qualified solar electric property means solar electric property (as defined in section 179F(c)(2)(B)) installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer.
Qualified solar water heating property expenditures
The term qualified solar water heating property expenditures means any amount paid or incurred for qualified solar hot water property.
Qualified solar hot water property
The term qualified solar hot water property means solar hot water property (as defined in section 179F(c)(2)(C)) installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer.
.
Conforming amendments
Section 25D(e)(2)
is amended by striking property described in paragraph (1) and (2) of
subsection (d)
and inserting qualified solar electric property
or qualified solar hot water property
.
Section
25D(e)(4)(C) is amended by striking paragraphs (1), (2), and (3)
and inserting paragraphs (1),(3), and (5)
.
Dollar amounts in case of joint occupancy
Clauses (i) and (ii) of section 25D(e)(4)(A) are amended to read as follows:
$2 in the case of each peak watt of capacity of qualified solar electric property for which qualified solar electric property expenditures are made,
in the case of qualified solar water heating property expenditures, an amount equal to—
in the case of a dwelling unit which uses electricity to heat water, $0.35 with respect to each kilowatt per year of savings of qualified solar hot water property for which qualified solar water heating property expenditures are made, or
in the case of a dwelling unit which uses natural gas to heat water, $7 with respect to each annual Therm of natural gas savings of qualified solar hot water property for which qualified solar water heating property expenditures are made, and
.
Extension of credit
Subsection (g) of section 25D is amended by striking
2007
and inserting 2010
.
Effective date
The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.
Business-related energy improvements
Extension and clarification of new energy efficient home credit
Extension
Subsection (g) of section 45L (relating to
termination) is amended by striking December 31, 2007
and
inserting December 31, 2010
.
Clarification
In general
Paragraph (1) of section 45L(a) is amended by striking
and
at the end of subparagraph (A) and by striking subparagraph
(B) and inserting the following:
acquired by a person from such eligible contractor, and
used by any person as a residence during the taxable year.
.
Effective date
The amendments made by this subsection shall take effect as if included in section 1332 of the Energy Policy Act of 2005.
Extension and modification of deduction for energy efficient commercial buildings
Extension
Subsection (h) of section 179D (relating to termination) is amended to read as follows:
Termination
This section shall not apply with respect to property—
which is certified under subsection (d)(6) after December 31, 2011, or
which is placed in service after December 31, 2013.
.
Increase in maximum amount of deduction
In general
Subparagraph (A) of section 179D(b)(1) is amended by
striking $1.80
and inserting $2.25
.
Partial allowance
Paragraph (1) of section 179D(d) is amended—
by striking
$.60
and inserting $0.75
, and
by striking
$1.80
and inserting $2.25
.
Modifications to certain special rules
Requirements for computer software used in calculating energy and power consumption costs
Computer software used in preparing a calculation under section 179D(d)(2) of the Internal Revenue Code of 1986 shall automatically—
generate the features, energy use, and energy and power consumption costs of a reference building that meets Standard 90.1–2001 (as defined under section 179D(c)(2) of such Code), and
compare such features, energy use, and consumption costs to the features, energy use, and consumption costs of the building or system with respect to which the calculation is being made.
Targets for partial allowance of credit
The targets established by the Secretary of Treasury under section 179D(b)(1)(B) of the Internal Revenue Code of 1986 shall be based on prescriptive criteria that can be modeled explicitly.
Effective date
The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act.
Deduction for energy efficient low-rise buildings
In general
Part VI of subchapter B of chapter 1 is amended by inserting after section 179D the following new section:
Energy efficient low-rise buildings deduction
In general
There shall be allowed as a deduction an amount equal to the amount of qualified energy efficiency expenditures paid or incurred by the taxpayer during the taxable year.
Limitations
In general
The amount allowed as a credit under subsection (a) shall not exceed—
in the case of a qualified low-rise building that achieves a qualified energy savings of 50 percent or more, $6,000, and
in the case of a qualified low-rise building which achieves a qualified energy savings of less than 50 percent, the product of—
the qualified energy savings achieved, and
$12,000.
Minimum amount of qualified energy savings
No credit shall be allowed under subsection (a) with respect to any qualified low-rise building which achieves a qualified energy savings of less than 20 percent.
Qualified energy efficiency expenditures
For purposes of this section:
In general
The term qualified energy efficiency expenditures means any amount paid or incurred which is related to producing qualified energy savings in a qualified low-rise building of the taxpayer which is located in the United States.
No double benefit for certain expenditures
The term qualified energy efficiency expenditures shall not include any expenditure for any property for which a deduction has been allowed to the taxpayer under section 179F.
Qualified low-rise building
The term qualified low-rise building means a building—
with respect to which depreciation is allowable under section 167, and
which is not within the scope of Standard 90.1–2001 (as defined under section 179D(c)(2)).
Qualified energy savings
For purposes of this section—
In general
The term qualified energy savings means, with respect to any qualified low-rise building, the amount (measured as a percentage) by which—
the annual energy use with respect to the qualified low-rise building after qualified energy efficiency expenditures are made, as certified under paragraph (2), is less than
the annual energy use with respect to the qualified low-rise building before the qualified energy efficiency expenditures were made, as certified under paragraph (2).
Certification
In general
The Secretary, in consultation with the Secretary of Energy, shall prescribe the procedures and method for the making of certifications under this paragraph based on the Residential Energy Services Network (RESNET) Technical Guidelines in effect on the date of the enactment of this Act.
Qualified individuals
Any certification made under this paragraph may only be made by an individual who is recognized by an organization certified by the Secretary for such purposes.
Special rules
For purposes of this section, rules similar to the rules under paragraphs (8) and (9) of section 25D(e) shall apply.
Basis adjustments
For purposes of this subtitle, if a credit is allowed under this section with respect to 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.
Termination
This section shall not apply with respect to any property placed in service after December 31, 2010.
.
Conforming amendments
Section 1016(a),
as amended by section 101, is amended by striking and
at the end
of paragraph (37), by striking the period at the end of paragraph (38) and
inserting , and
, and by adding at the end the following new
paragraph:
to the extent provided in section 179E(f).
.
Section 1245(a)
is amended by inserting 179E,
after 179D,
both
places it appears in paragraphs (2)(C) and (3)(C).
Section
1250(b)(3) is amended by inserting or 179E
after section
179D
.
Section 263(a)(1)
is amended by striking or
at the end of subparagraph (J), by
striking the period at the end of subparagraph (K) and inserting ,
or
, and by inserting after subparagraph (K) the following new
subparagraph:
expenditures for which a deduction is allowed under section 179E.
.
Section
312(k)(3)(B) is amended by striking 179, 179A, 179B, 179C, or
179D
each place it appears in the heading and text and inserting
179, 179A, 179B, 179C, 179D, or 179E
.
The table of sections for part VI of subchapter B is amended by inserting after the item relating to section 179D the following new item:
.
Effective date
The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.
Energy efficient property deduction
In general
Part VI of subchapter B of chapter 1, as amended by section 203, is amended by inserting after section 179E the following new section:
Energy efficient property
In general
There shall be allowed as a deduction an amount equal to the energy efficient property expenditures paid or incurred by the taxpayer during the taxable year
Limitation
The amount of the deduction allowed under subsection (a) for any taxable years shall not exceed—
$150 for any advanced main air circulating fan,
$450 for any qualified natural gas furnace or qualified propane furnace,
$900 for—
any item of energy-efficient building property, and
any qualified oil furnace, qualified natural gas hot water boiler, qualified propane hot water boiler, or qualified oil hot water boiler.
$9 with respect to each peak watt of capacity of solar electric property,
in the case of solar hot water property, an amount equal to—
in the case of a dwelling unit which uses electricity to heat water, $1 with respect to each kilowatt per year of savings of such solar hot water property, or
in the case of a dwelling unit which uses natural gas to heat water, $21 with respect to each annual Therm of natural gas savings of such solar hot water property.
Energy efficient property expenditures
For purposes of this section—
In general
The term energy efficient property expenditures means expenditures paid by the taxpayer for qualified energy property which is—
of a character subject to the allowance for depreciation, and
originally placed in service by the taxpayer.
Qualified energy property
In general
The term qualified energy property has the meaning given such term by section 25C(d)(2), except that such term shall include solar electric property and solar hot water property.
Solar electric property
The term solar electric property means property which uses solar energy to generate electricity.
Solar hot water property
The term solar hot water property means property used to heat water if at least half of the energy used by such property for such purpose is derived from the sun.
Basis adjustments
For purposes of this subtitle, if a credit is allowed under this section with respect to 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.
Termination
This section shall not apply with respect to any property placed in service after December 31, 2010.
.
No double benefit
Section 179D(c) is amended by adding at the end the following new paragraph:
Certain property excluded
The term energy efficient commercial building property does not include any property with respect to which a credit has been allowed to the taxpayer under section 179F.
.
Conforming amendments
Section 1016(a),
as amended by section 203, is amended by striking and
at the end
of paragraph (38), by striking the period at the end of paragraph (39) and
inserting , and
, and by adding at the end the following new
paragraph:
to the extent provided in section 179E(e).
.
Section 1245(a),
as amended by section 203 is amended by inserting 179F,
after
179E,
both places it appears in paragraphs (2)(C) and
(3)(C).
Section
1250(b)(3), as amended by section 203, is amended by inserting or
179F
after section 179E
.
Section
263(a)(1), as amended by section 203, is amended by striking or
at the end of subparagraph (K), by striking the period at the end of
subparagraph (L) and inserting , or
, and by inserting after
subparagraph (L) the following new subparagraph:
expenditures for which a deduction is allowed under section 179F.
.
Section
312(k)(3)(B), as amended by section 203, is amended by striking 179,
179A, 179B, 179C, 179D, or 179E
each place it appears in the heading
and text and inserting 179, 179A, 179B, 179C, 179D, 179E, or
179F
.
The table of sections for part VI of subchapter B is amended by inserting after the item relating to section 179E the following new item:
.
Effective date
The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act.
Extension of investment tax credit with respect to solar energy property and qualified fuel cell property
Solar energy property
Paragraphs
(2)(A)(i)(II) and (3)(A)(ii) of section 48(a) are each amended by striking
2008
and inserting 2012
.
Eligible fuel cell property
Paragraph
(1)(E) of section 48(c) is amended by striking 2007
and
inserting 2011
.
Incentives for energy savings certifications
Credit for energy savings certifications
In general
Subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section:
Energy savings certification credit
In general
For purposes of section 38, the energy savings certification credit determined under this section for any taxable year is an amount equal to the sum of—
the qualified training and certification costs paid or incurred by the taxpayer which may be taken into account for such taxable year, plus
the qualified certification equipment expenditures paid or incurred by the taxpayer which may be taken into account for such taxable year.
Qualified training and certification costs
In general
The term qualified training and certification costs means costs paid or incurred for training which is required for the taxpayer or employees of the taxpayer to be certified by the Secretary under section 25D(d)(2)(B) or 179E(d)(2)(B) for the purpose of certifying energy savings.
Limitation
The qualified training and certification costs taken into account under subsection (a)(1) for the taxable year with respect to any individual shall not exceed $500 reduced by the amount of the credit allowed under subsection (a)(1) to the taxpayer (or any predecessor) with respect to such individual for all prior taxable years.
Year costs taken into account
Qualified training and certifications costs with respect to any individual shall not be taken into account under subsection (a)(1) before the taxable year in which the individual with respect to whom such costs are paid or incurred has performed 25 certifications under sections 25E(d)(2)(A) and 179E(d)(2)(A).
Qualified certification equipment expenditures
In general
The term qualified training equipment expenditures means costs paid or incurred for—
blower doors,
duct leakage testing equipment,
flue gas combustion equipment, and
digital manometers.
Limitation
In general
The qualified certification equipment expenditures taken into account under subsection (a)(2) with respect to any taxpayer for any taxable year shall not exceed $1,000.
Limitation on individual items
The qualified certification equipment expenditures taken into account under subsection (a)(2) shall not exceed—
$500 with respect to any blower door or duct leakage testing equipment, and
$100 with respect to any flue gas combustion equipment or digital manometer.
Year expenditures taken into account
The qualified certification equipment expenditures of any taxpayer shall not be taken into account under subsection (a)(2) before the taxable year in which the taxpayer has performed 25 certifications under sections 25E(d)(2)(A) and 179E(d)(2)(A).
Special rules
Aggregation rules
For purposes of this section, all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.
Basis reduction
The basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a).
Denial of double benefit
In general
No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount taken into account under subsection (a) for such taxable year.
Amount previously deducted
No credit shall be allowed under subsection (a) with respect to any amount for which a deduction has been allowed in any preceding taxable year.
.
Credit treated as part of general business credit
Section 38(b) is amended by
striking and
at the end of paragraph (29), by striking the
period at the end of paragraph (30) and inserting plus
, and by
adding at the end the following new paragraph:
the energy savings certification credit determined under section 45N(a).
.
Conforming amendments
Section 1016(a),
as amended by this Act, is amended by striking and
at the end of
paragraph (39), by striking the period at the end of paragraph (40) and
inserting and
, and by adding at the end the following new
paragraph:
to the extent provided in section 45N(d)(2).
.
The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 45M the following new item:
.
Effective date
The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.