Read this if you are in the real estate and construction industry.
The Inflation Reduction Act’s (IRA’s) expansion of key energy efficiency tax incentives—such as the 179D energy efficient commercial buildings deduction and the 45L new energy efficient home credit—is anticipated to have a significant impact on the real estate and construction industry. The legislation could provide a significant financial boost for firms looking to utilize environmentally conscious building materials and practices, potentially ushering in a new wave of progress in clean energy construction.
Signed into law in August 2022, the IRA’s stated intent is to reduce carbon emissions by 40% by 2030 and boost domestic energy production and manufacturing, as well as reduce the deficit and fight inflation. The new law both introduces and expands tax credits available for those investing in clean energy and extends their applicability, in many cases by up to 10 years.
- The 179D Energy Efficient Commercial Buildings Deduction gives building owners a deduction of up to $5.00 per square foot for building or renovating energy-efficient buildings
- The 45L New Energy Efficient Home Credit is a $2,500 tax credit for single family and multifamily developments that comply with Energy Star standards as well as a $5,000 credit for homes that comply with the Zero Energy Ready Homes Program.
Can the IRA’s intentions become reality?
The IRA’s tax incentives are designed to support a permanent shift toward clean energy in current and future construction projects. However, the dollars that those incentives free up for real estate and construction companies may not offset the significant investment that would need to be made to qualify for the incentives. For example, larger multifamily construction projects may incur more costs than the $500 per unit increase in the Sec. 45L credit to meet the new standards.
The IRA has established longer terms for tax credits and deductions. While clean energy tax incentives exist today, many of them have required renewal every one to two years. Uncertainty regarding tax credit renewal has historically made it more challenging for companies to plan for the total cost of construction. With the extension of these tax incentives, real estate and construction companies are now able to plan future investments around these incentives with less risk.
Additionally, the IRA has intentionally focused on domestic supply chains through expanded incentives outside of historical investment in clean energy. Therefore, the domestic supply chain-focused provisions should indirectly benefit the real estate and construction industries should there be a rise in clean energy production in the US.
Many of the provisions within the law will require further guidance from the Department of the Treasury and IRS before they can be implemented. The IRA modified and extended the Investment Tax Credit (ITC) program to provide a 30% tax credit for qualifying investments in clean energy that meet prevailing wage and apprenticeship requirements. However, the ITC is worth only 6% to those that don’t meet these requirements, though bonus adders may be stacked on top of the ITC (see below), and safe harbors do exist based on project size and start of construction deadlines.
Tax incentives to watch
- New Energy Efficient Home Credit (IRC Sec. 45L)
Allows a $2,000 credit for developers, investors, and construction companies that build energy-efficient properties (single family residential and multifamily units) sold or leased through Dec. 31, 2022. The credit increases to $2,500 per unit under Energy Star and $5,000 per unit under the Zero Energy Ready Homes program from Jan. 1, 2023, through Dec. 31, 2032.
- Energy Efficient Commercial Buildings Deduction (IRC Sec. 179D)
Enables building owners to claim a tax deduction for installing qualifying energy systems in buildings. The deduction can be up to $1.88 per sq. ft. through Dec. 31, 2022 and increases up to $5.00 per sq. ft. beginning in 2023, as long as the project meets prevailing wage and apprenticeship requirements.
- Investment Tax Credit (IRC Sec. 48)
Provides an energy tax credit for investments in various renewable energy properties including solar and geothermal. The credit rate for solar projects is 30% through the end of 2022. Beginning in 2023, there is a base and bonus structure that could increase the credit to 50% for some applicants. The project would still need to meet prevailing wage/apprentice, and domestic content requirements, and be located in an energy community. The credit was also expanded to include solar and wind energy investments in low-income communities, tribal land, and other projects benefiting the underprivileged.
- Alternative Fuel Refueling Property Tax Credit (IRC 30C)
Businesses that install EV chargers and equipment at their property can qualify for a tax credit of up to 30% of the cost. A location requirement was also introduced prescribing applicants should be “non-urban” or low-income sources. The maximum amount allowed was increased to $100,000 for projects completed after Dec. 31, 2022.
Careful planning must be balanced with flexibility, however, in order to be able to respond to any eventual changes to the law. Relying on a professional services provider to navigate the IRA can help prevent missed tax credits that result in cost savings or spending too much on qualifying for incentives that may not deliver a return on investment.
If you have questions about tax credits or your specific situation, please contact us [link when live to associated professionals]. We're here to help.