179D Tax Deductions for Architects & Engineers

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1 179D Tax Deductions for Architects & Engineers Presented by: CJ Aberin, CCSP, Electrical Engineer Senior Manager x148 Overview History Section 179D Energy Efficient i Commercial Building Deduction What s eligible Various Ways to Qualify Benefits & Case Studies The Process & Identifying Opportunities Questions & Answers 1

2 Energy Consumption (2000) INDUSTRY 25% 27% TRANSPORTATION BUILDINGS 48% The Problem = Buildings are responsible for almost half of all US energy consumption Buildings consume three quarters of all electricity Large contributor of carbon dioxide *Source: Architecture 2030 Opportunity to Solve Problem on Square Feet (sf) e: Energy Information Administration Billio Source Currently the US building stock is 300 billion sf Over the next 30 years: 52 billion sf will be demolished 150 billion sf will be remodeled 150 billion sf will be new construction 300 billion sf of buildings as of 2005 Every year: 1.75 billion sf torn down 5 billion sf renovated 5 billion sf newly constructed By 2035, 75% new or renovated Therefore, by the year 2035, three-quarters of the building stock will be new or renovated *Source: Architecture

3 Legislative History 2005 Energy Policy Act of 2005 enacted (aka EPAct ) 179D Deduction effective 1/1/06 through 12/31/ IRS issues initial guidance. Tax Relief and Health Care Act of 2006 extends through end of IRS issues clarification and revised guidance. Emergency Economic Stabilization Act extends 179D through end of Many bills at committee level to expand and extend incentives. What is the Energy Efficient Commercial Building Deduction? IRC Section 179D allows for an immediate deduction of up to $1.80/sf for commercial buildings that achieve a 50% reduction in total energy and power costs for lighting, HVAC & hot water systems in comparison to 2001 energy standards. Building Envelope HVAC & Hot Water Interior Lighting 3

4 Who Benefits? Whoever makes investment and places in service (PIS) Building owner or landlord Tenant REITs OR Designers for government buildings 179D Special Rule for Government Owned Building Government may allocate 179D deduction for use by the designer(s) in year of PIS date. Designer, architect, engineer, contractor, environmental consultant, or energy services provider who creates the technical specs that incorporate energy efficiency. Government can allocate to primary designer or among several designers. Deduction doesn t require trigger income. 4

5 What is Government Owned? Government entities that can allocate deductions can be: Federal State or Local Non-profits cannot allocate deductions i.e Public vs Private School What Building Types are Eligible? Commercial Buildings includes Public & government buildings (i.e schools, prisons, etc ) Typical commercial buildings (i.e. office, retail, industrial, etc ) Housing that is 4 stories or higher Must be located in the United States 5

6 What s Type of Construction is Eligible? Ground up construction Renovations and retrofits Applies to affected square footages (rate x sf) PIS between 2006 through D Tax Deduction Benefits Overview Multiple paths to deduction Whole $1.80/sf for 50% or greater reduction in total annual energy cost related to HVAC, hot water and interior lighting systems in comparison to ASHRAE Partially Qualifying Property $0.60/sf for Building Envelope $0.60/sf for HVAC (including hot water) $0.30 to $0.60/sf for Interior Lighting Fractional deduction through Interim Rule 6

7 Various Ways to Achieve Deduction 2006 to 2008: Fully Qualifying Property Partially Qualifying Property Envelope HVAC Lighting Interim Lighting Rule (Permanent (PIS before publication of Rule) final 179D regs) 50% 16-2/3% 16-2/3% 16-2/3% 25% to 40% LPD Reduction 2006 to 2013: 50% 10% 20% 20% 25% to 40% LPD Reduction Tax Deduction $1.80/sf $0.60/sf $0.60/sf $0.60/sf $0.30 to $0.60/sf (using applicable % from ) * Compared to a Reference Building that meets 2001 energy standards. Various Ways to Achieve Deduction 2006 to 2008: Fully Qualifying Property Partially Qualifying Property Envelope HVAC Lighting Interim Lighting Rule (Permanent (PIS before publication of Rule) final 179D regs) 50% 16-2/3% 16-2/3% 16-2/3% 25% to 40% LPD Reduction 2006 to 2013: 50% 10% 20% 20% 25% to 40% LPD Reduction Tax Deduction $1.80/sf $0.60/sf $0.60/sf $0.60/sf $0.30 to $0.60/sf (using applicable % from ) * Compared to a Reference Building that meets 2001 energy standards. 7

8 Various Ways to Achieve Deduction 2006 to 2008: Fully Qualifying Property Partially Qualifying Property Envelope HVAC Lighting Interim Lighting Rule (Permanent (PIS before publication of Rule) final 179D regs) 50% 16-2/3% 16-2/3% 16-2/3% 25% to 40% LPD Reduction 2006 to 2013: 50% 10% 20% 20% 25% to 40% LPD Reduction Tax Deduction $1.80/sf $0.60/sf $0.60/sf $0.60/sf $0.30 to $0.60/sf (using applicable % from ) * Compared to a Reference Building that meets 2001 energy standards. Various Ways to Achieve Deduction 2006 to 2008: Fully Qualifying Property Partially Qualifying Property Envelope HVAC Lighting Interim Lighting Rule (Permanent (PIS before publication of Rule) final 179D regs) 50% 16-2/3% 16-2/3% 16-2/3% 25% to 40% LPD Reduction 2006 to 2013: 50% 10% 20% 20% 25% to 40% LPD Reduction Tax Deduction $1.80/sf $0.60/sf $0.60/sf $0.60/sf $0.30 to $0.60/sf (using applicable % from ) * Compared to a Reference Building that meets 2001 energy standards. 8

9 Benefit Example of 100,000 sf Building 1 system $0.60 / sf 2 systems $1.20 / sf 3 systems $1.80 / sf Tax Deduction $60,000 $120,000 $180,000 Cash Benefit $21,000 $42,000 $63,000 * Assume Federal Tax Rate = 35% Difficulty Levels 50% energy & power reduction cost for HVAC and lighting is achievable but very ambitious. Requires proactive design LEED (Leadership in Energy and Environmental Design) certification doesn t guarantee full deduction Partial deduction is easier 9

10 Strategies to Get There Envelope Better insulation & windows Use of daylighting Cool roofs HVAC More efficient HVAC equipment & controls Geothermal systems and heat pumps Thermal energy storage Every 3-watt reduction in lighting power results in roughly a 1-watt reduction in HVAC Lighting More efficient i luminaries, i ballasts, and lamps Bi-level switching And more Case Study #1 Public School Public Elementary School Classroom Building in FL Tax Deduction = $48,000 40,000 sf * $1.20 per sf 2 systems Qualified Mechanical Systems 20.5% reduction in energy & power cost VAV Air Handling units Water Cooled Chiller; COP 5.6 VFD s on Chilled Water Pumps Interior Lighting Systems 21.4% reduction in energy & power cost 2-tube T-8 s throughout 10

11 Case Study #2 Student Housing Student Housing in CA Tax Deduction = $151,200 84,000 sf * $1.80 per sf Whole Building Qualified 53.3% Reduction in power Envelope R-30 Roof R-13 Walls Double paned Low-E windows Mechanical Systems 8.0 HSPF / 13 SEER Split Heat Pump Gas Fired Boiler 85% AFUE - DHW Energy efficient lighting CFL s Case Study #3 Parking Garage Public College Parking Garage in TX Tax Deduction = $180, ,000 sf * $0.60 per sf 1 system Qualified Interior Lighting Systems 44% Lighting Power Reduction 48 T8 2-tube Fluorescent Lighting throughout 11

12 Key Variables Building type Building size & number of stories Physical orientation Climate Zone Utility Rates Tax Process & Considerations Process: Obtain signed allocation letter Obtain certification package No special form required Reported on the Other Deduction line with a description of Section 179D Deduction Instruct government entity to adjust basis Considerations: Deduction can reduce AMTI Must amend to retroactively claim deduction Deduction limited to amount invested in energy efficient property 12

13 Engineering Process for Certification Package Analysis of drawings & as-built specifications Energy simulation modeling or lighting analysis Onsite verification Signed certification Key Requirements for Certification Package Must follow IRS & DOE guidance Certification by third-party licensed professional engineer or contractor DOE-approved energy modeling software 13

14 Identifying Good Opportunities Large square footages (50,000 sf+ ideal) Schools Student Housing Barracks Courthouses & Prisons Libraries Parking garage Tenant Improvements LEED Certified / Energy Star / high performance Stringent state or local energy codes Any Questions? CJ Aberin, CCSP, Electrical Engineer KBKG, Inc. Senior Manager (877) x148 cj@kbkg.com 14

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