Notice 2009-53 provides procedures that manufacturers may follow to certify property as qualified nonbusiness energy property under § 25C of the Internal Revenue Code, as well as guidance regarding the conditions under which taxpayers seeking to claim the § 25C credit may rely on a manufacturer’s certification. This notice also includes transition rules to provide taxpayers with guidance concerning the interaction of the effective date and timing provisions of the Energy Policy Act, the Energy Improvement and Extension Act, and the American Recovery and Reinvestment Act.
SECTION 1. PURPOSE
This notice updates interim guidance, pending the issuance of regulations,
relating to the credit for nonbusiness energy property under § 25C of the Internal
Revenue Code. Specifically, this notice provides procedures that manufacturers may
follow to certify property as either eligible building envelope components or qualified
energy property, as well as guidance regarding the conditions under which taxpayers
seeking to claim the § 25C credit may rely on a manufacturer's certification.
Additionally, this notice provides guidance about changes made to the § 25C credit by
the Energy Improvement and Extension Act of 2008 (EIEA), Division B of Pub. L. No.
110-343, 122 Stat. 3765 (2008), and the American Recovery and Reinvestment Tax Act
of 2009 (ARRTA), Division B of Pub. L. No. 111-5, 123 Stat. 115 (2009). This notice
also provides transition rules for certain nonbusiness energy property acquired before
June 1, 2009, and for certain nonbusiness energy property placed in service after
December 31, 2008. The Internal Revenue Service (Service) and the Treasury
Department expect that the regulations will incorporate the rules set forth in this notice.
For More Information Contact The Atlanta, Georgia Law Offices Of AttorneyBritt:
SECTION 1. PURPOSE
This notice updates interim guidance, pending the issuance of regulations,
relating to the credit for nonbusiness energy property under § 25C of the Internal
Revenue Code. Specifically, this notice provides procedures that manufacturers may
follow to certify property as either eligible building envelope components or qualified
energy property, as well as guidance regarding the conditions under which taxpayers
seeking to claim the § 25C credit may rely on a manufacturer's certification.
Additionally, this notice provides guidance about changes made to the § 25C credit by
the Energy Improvement and Extension Act of 2008 (EIEA), Division B of Pub. L. No.
110-343, 122 Stat. 3765 (2008), and the American Recovery and Reinvestment Tax Act
of 2009 (ARRTA), Division B of Pub. L. No. 111-5, 123 Stat. 115 (2009). This notice
also provides transition rules for certain nonbusiness energy property acquired before
June 1, 2009, and for certain nonbusiness energy property placed in service after
December 31, 2008. The Internal Revenue Service (Service) and the Treasury
Department expect that the regulations will incorporate the rules set forth in this notice.
For More Information Contact The Atlanta, Georgia Law Offices Of AttorneyBritt:
AttorneyBritt
Gary L. Britt, CPA, J.D.
1200 Abernathy Road, Suite 1700
Atlanta, Georgia 30328
404-567-6445
“Lawyer's That Mean Business”
IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
