Senate passed, Energy Policy
Reform.
SEC. 25C. RESIDENTIAL SOLAR
ENERGY PROPERTY.
(a) 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 sum of--
(1) 15 percent of the qualified photovoltaic property expenditures made
by the taxpayer during such year, and
(2) 15 percent of the qualified solar water heating property expenditures
made by the taxpayer during the taxable year.
(b) LIMITATIONS-
(1) MAXIMUM CREDIT- The credit allowed under subsection (a) shall not
exceed--
(A) $2,000 for each system of property described in subsection (c)(1),
and
(B) $2,000 for each system of property described in subsection (c)(2).
(2) SAFETY CERTIFICATIONS- No credit shall be allowed under this section
for an item of property unless--
(A) in the case of solar water heating equipment, such equipment is
certified for performance and safety by the non-profit Solar Rating
Certification Corporation or a comparable entity endorsed by the government
of the State in which such property is installed, and
(B) in the case of a photovoltaic system, such system meets appropriate
fire and electric code requirements.
(3) LIMITATION BASED ON AMOUNT OF TAX- The credit allowed under subsection
(a) for the taxable year shall not exceed the excess of--
(A) the sum of the regular tax liability (as defined in section 26(b))
plus the tax imposed by section 55, over
(B) the sum of the credits allowable under this subpart (other than
this section and sections 23, 25D, and 25E) and section 27 for the taxable
year.
(c) DEFINITIONS-
For purposes of this section--
(1) QUALIFIED SOLAR WATER HEATING PROPERTY EXPENDITURE- The term `qualified
solar water heating property expenditure' means an expenditure for property
to heat water for use in a dwelling unit located in the United States
and used as a residence if at least half of the energy used by such
property for such purpose is derived from the sun.
(2) QUALIFIED PHOTOVOLTAIC PROPERTY EXPENDITURE-
The term `qualified photovoltaic property expenditure' means an expenditure
for property that uses solar energy to generate electricity for use
in a dwelling unit.
(3) SOLAR PANELS- No expenditure relating to a solar panel or other
property installed as a roof (or portion thereof) shall fail to be treated
as property described in paragraph (1) or (2) solely because it constitutes
a structural component of the structure on which it is installed.
(4) LABOR COSTS- Expenditures for labor costs properly allocable to
the onsite preparation, assembly, or original installation of the property
described in paragraph (1) or (2) and for piping or wiring to interconnect
such property to the dwelling unit shall be taken into account for purposes
of this section.
(5) SWIMMING POOLS, ETC., USED AS STORAGE MEDIUM-
Expenditures which are properly allocable to a swimming pool, hot tub,
or any other energy storage medium which has a function other than the
function of such storage shall not be taken into account for purposes
of this section.
(d) SPECIAL RULES-
(1) DOLLAR AMOUNTS IN CASE OF JOINT OCCUPANCY- In the case of any dwelling
unit which is jointly occupied and used during any calendar year as
a residence by 2 or more individuals the following shall
apply:
(A) The amount of the credit allowable under subsection (a) by reason
of expenditures (as the case may be) made during such calendar year
by any of such individuals with respect to such dwelling unit shall
be determined by treating all of such individuals as 1 taxpayer whose
taxable year is such calendar year.
(B) There shall be allowable with respect to such expenditures to each
of such individuals, a credit under subsection
(a) for the taxable year in which such calendar year ends in an amount
which bears the same ratio to the amount determined under subparagraph
(A) as the amount of such expenditures made by such individual during
such calendar year bears to the aggregate of such expenditures made
by all of such individuals during such calendar year.
(2) TENANT-STOCKHOLDER IN COOPERATIVE HOUSING CORPORATION- In the case
of an individual who is a tenant-stockholder (as defined in section
216) in a cooperative housing corporation (as defined in such section),
such individual shall be treated as having made his tenant-stockholder's
proportionate share (as defined in section 216(b)(3)) of any expenditures
of such corporation.
(3) CONDOMINIUMS-
(A) IN GENERAL- In the case of an individual who is a member of a condominium
management association with respect to a condominium which he owns,
such individual shall be treated as having made his proportionate share
of any expenditures of such association.
(B) CONDOMINIUM MANAGEMENT ASSOCIATION- For purposes of this paragraph,
the term `condominium management association' means an organization
which meets the requirements of paragraph (1) of section 528(c) (other
than subparagraph (E) thereof) with respect to a condominium project
substantially all of the units of which are used as residences.
(4) ALLOCATION IN CERTAIN CASES- If less than 80 percent of the use
of an item is for non business purposes, only that portion of the expenditures
for such item which is properly allocable to use for non business purposes
shall be taken into account.
(5) WHEN EXPENDITURE MADE; AMOUNT OF EXPENDITURE-
(A) IN GENERAL- Except as provided in subparagraph (B), an expenditure
with respect to an item shall be treated as made when the original installation
of the item is completed.
(B) EXPENDITURES PART OF BUILDING CONSTRUCTION- In the case of an expenditure
in connection with the construction or reconstruction of a structure,
such expenditure shall be treated as made when the original use of the
constructed or reconstructed structure by the taxpayer begins.
(C) AMOUNT- The amount of any expenditure shall be the cost thereof.
(6) PROPERTY FINANCED BY SUBSIDIZED ENERGY FINANCING- For purposes of
determining the amount of expenditures made by any individual with respect
to any dwelling unit, there shall not be taken in to account expenditures
which are made from subsidized energy financing (as defined in section
48(a)(4)(A)).
(e) BASIS ADJUSTMENTS- For purposes of this subtitle, if a credit is
allowed under this section for 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.
(f) TERMINATION- The credit allowed under this section shall not apply
to taxable years beginning after December 31, 2006 (December 31, 2008,
with respect to qualified photovoltaic property expenditures).'.
(b) CONFORMING AMENDMENTS-
(1) Subsection (a) of section 1016 is amended by striking `and' at the
end of paragraph (27), by striking the period at the end of paragraph
(28) and inserting `, and', and by adding at the end the following new
paragraph:
`(29) to the extent provided in section 25C(e), in the case of amounts
with respect to which a credit has been allowed under section 25C.'.
(2) The table of sections for subpart A of part IV of subchapter A of
chapter 1 is amended by inserting after the item relating to section
25B the following new item: `Sec. 25C. Residential solar energy property.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply
to taxable years ending after December 31, 2001.