Contractors Reminded of Expanded New Energy Efficient Homes Tax Credit, IR-2023-142

The IRS has reminded eligible contractors who build or substantially reconstruct qualified new energy efficient homes that they might qualify for a tax credit up to $5,000 per home under Code Sec. 45L. The expansion of credit was done as part of the Inflation Reduction Act of 2022. To qualify for the said expansion of credit, eligible contractors must meet all requirements under Code Sec. 45L of the Internal Revenue Code prior to claiming the credit. In addition, guidance interpreting Code Sec. 45L may be found in Notice 2008-35 (and Notice 2008-36, for manufactured homes). Further, the IRS informed contractors to use Form 9808, Energy Efficient Home Credit, to claim the credit; and if the source to claim the credit is from a partnership or S corporation, eligible contractors should use Form 3800, General Business Credit.

Contractors eligible to claim credit for the new energy efficient homes are those who have acquired the said house by sale or lease by an individual from that contractor during the tax year for use as a residence. The homes must also be specified categories of single-family (including manufactured) or multifamily homes under Energy Star programs; be located in the United States and meet applicable energy saving requirements based on home type and acquisition date.