Capital Review Group: Energy Efficiency and Claiming the §179D Deduction as Far Back as 1/1/2006

Introduction

The Energy Policy Act of 2005 (EPAct) includes the §179D tax deduction for investments in "energy-efficient commercial building property" designed to significantly reduce the heating, cooling, water heating, and interior lighting energy cost of new or existing commercial buildings. This energy-efficient commercial building property must be placed into service between January 1, 2006 and December 31, 2013. The §179D tax deduction was designed by Congress to incentivize the utilization of energy-efficiency components in a building to one of the following parties:

  1. The owner of the building
  2. The tenant
  3. The primary designer of an energy-efficient government building. (Architect, engineer, contractor etc.)

If you qualify in the above categories, you may be eligible for a tax deduction of up to $1.80 per square foot for improving the energy efficiency of your existing commercial buildings or designing high efficiency into new buildings. As indicated above, for government owned buildings, the person primarily responsible for designing the building or project may be able to claim the deduction. 

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