[Bldg-sim] EPAct tax credits for private non-profits and multifamily

[Nick Caton]

Hi David,

 

1.       Off the cuff (I haven't delved into non-profit owners
specifically) - I'm pretty sure the ability for a building
owner/representative to re-allocate calculated deductions as it's
defined applies only to property owned by the (paraphrasing) "Federal,
State, or local government entities."  I'm pretty sure this is spelled
out in the 2008 IRS notice.  On the same token, I'd anticipate any
designers claiming re-allocated deductions from non-gov't building
owners of any sort may have some trouble, as the IRS hasn't explicitly
allowed them to do so.  A possible interpretation by an IRS auditor in
that case may be that you're trying to swindle a building owner out of a
benefit explicitly intended to reward them first.

2.       I would advise caution regarding any residential projects,
again off the cuff without looking it up...  EPAct is much, much more
than efficient commercial building tax deductions, and I could
definitely see potential for a problem if any overlap occurred with
local/state/federal residential-specific tax breaks being pursued
simultaneous to the section 179D commercial tax deductions you're
referring to.  I'd advise re-visiting the original 2005 EPAct
legislation to see if there's any clarification regarding what exactly
is "commercial" for the purposes of section 179D.

 

That's my take, hope it helps!  I'd be interested to hear your
conclusions when all's said and done,

 

~Nick

 

 

 

NICK CATON, E.I.T.

PROJECT ENGINEER

25501 west valley parkway

olathe ks 66061

direct 913 344.0036

fax 913 345.0617

Check out our new web-site @ www.smithboucher.com 

 

-----Original Message-----
From: bldg-sim-bounces at lists.onebuilding.org
[mailto:bldg-sim-bounces at lists.onebuilding.org] On Behalf Of David Reddy
Sent: Friday, September 17, 2010 3:07 PM
To: bldg-sim at lists.onebuilding.org
Subject: [Bldg-sim] EPAct tax credits for private non-profits and
multifamily

 

  Has anyone investigated obtaining the EPAct 2005 tax credit for EE 

commercial buildings for private non-profits (503(c)(3))?  It seems like


Section 3 in the 2008 amplification notice is pretty clear that the 

credit can be allocated for government-owned buildings, but does anyone 

have knowledge as to if this could apply to a 503(c) entity as well?

 

Also, would a) privately, or, b) government-owned mid & high-rise 

residential, or at least the non-residential portions of these 

buildings, be applicable?  It seems if 90.1 covers these structures, 

then the credit might be applicable too, despite the fact the title only


indicates 'commercial'.

 

Any personal experiences or known sources for interpretations would be 

much appreciated.

 

Thanks,

David

 

-- 

David Reddy

 

360 Analytics

Building Energy Analysis Consultants

mail:       12354 16th Ave NE, Seattle, WA 98125

office:     206.420.7918

mobile:   206.406.9856

web: www.360-Analytics.com

_______________________________________________

Bldg-sim mailing list

http://lists.onebuilding.org/listinfo.cgi/bldg-sim-onebuilding.org

To unsubscribe from this mailing list send  a blank message to
BLDG-SIM-UNSUBSCRIBE at ONEBUILDING.ORG

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.onebuilding.org/pipermail/bldg-sim-onebuilding.org/attachments/20100917/95806b2a/attachment-0001.htm>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: image/jpeg
Size: 1459 bytes
Desc: image001.jpg
URL: <http://lists.onebuilding.org/pipermail/bldg-sim-onebuilding.org/attachments/20100917/95806b2a/attachment-0001.jpeg>