Source
(Added Pub. L. 109–58, title XIII, § 1335(a), Aug. 8, 2005, 119 Stat. 1033; amended Pub. L. 109–135, title IV, § 402(i)(1), (2), (3)(E), Dec. 21, 2005, 119 Stat. 2612, 2614; Pub. L. 109–432, div. A, title II, § 206, Dec. 20, 2006, 120 Stat. 2945.)
Amendment of Section
For termination of amendment by section 402(i)(3)(H) of Pub. L. 109–135, see Effective and Termination Dates of 2005 Amendment note below.
Amendments
2006—Subsecs. (a)(1), (b)(1)(A).
Pub. L. 109–432, § 206(b)(1), substituted “solar electric property expenditures” for “photovoltaic property expenditures”.
Subsec. (d)(2).
Pub. L. 109–432, § 206(b)(2), substituted “solar electric property expenditure” for “photovoltaic property expenditure” in heading and text.
Subsec. (e)(4)(A)(i).
Pub. L. 109–432, § 206(b)(1), substituted “solar electric property expenditures” for “photovoltaic property expenditures”.
Subsec. (g).
Pub. L. 109–432, § 206(a), substituted “2008” for “2007”.
2005—Subsec. (b)(1).
Pub. L. 109–135, § 402(i)(1), inserted “(determined without regard to subsection (c))” after “subsection (a)” in introductory provisions.
Subsec. (c).
Pub. L. 109–135, § 402(i)(3)(E), (H), temporarily reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “If the credit allowable under subsection (a) exceeds the limitation imposed by section
26
(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.” See Effective and Termination Dates of 2005 Amendment note below.
Subsec. (e)(4)(A), (B).
Pub. L. 109–135, § 402(i)(2), amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as follows:
“(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.”
Effective and Termination Dates of 2005 Amendment
Amendment by section 402(i)(3)(E) of
Pub. L. 109–135 subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001,
Pub. L. 107–16, § 901, in the same manner as the provisions of such Act to which such amendment relates, see section 402(i)(3)(H) of
Pub. L. 109–135, set out as a note under section
23 of this title.
Amendments by
Pub. L. 109–135 effective as if included in the provisions of the Energy Policy Act of 2005,
Pub. L. 109–58, to which they relate, except that amendment by section 402(i)(3)(E) of
Pub. L. 109–135 is applicable to taxable years beginning after Dec. 31, 2005, see section 402(m) of
Pub. L. 109–135, set out as a note under section
23 of this title.
Effective Date
Section applicable to property placed in service after Dec. 31, 2005, in taxable years ending after such date, see section 1335(c) of
Pub. L. 109–58, set out as an Effective and Termination Dates of 2005 Amendments note under section
23 of this title.