KRS § 141.436 — KY Code / Title XI / Chapter 141 / Section 141.436
141.436 Tax credit for installation of energy efficiency products for residential and commercial property -- Administrative regulations -- Reports
Status: in_force

141.436 Tax credit for installation of energy efficiency products for residential and

commercial property -- Administrative regulations -- Reports.

(1) (a) For taxable periods beginning after December 31, 2008, and beginning before

January 1, 2016, there is hereby created a nonrefundable credit against the tax

imposed under KRS 141.020 or 141.040, and KRS 141.0401, with the

ordering of credits as provided in KRS 141.0205. The credit shall apply if one

(1) or more of the items listed in paragraph (b) of this subsection is installed

during the taxable year in a dwelling unit located in the Commonwealth that is

owned by the taxpayer and used by the taxpayer as:

1. The taxpayer's principal place of residence; or

2. A single-family or multifamily residential rental unit.

(b) The tax credit shall equal thirty percent (30%) of the installed costs of:

1. Upgraded insulation, not to exceed one hundred dollars ($100);

2. Energy-efficient windows and storm doors, not to exceed two hundred

fifty dollars ($250); or

3. Qualified energy property, not to exceed two hundred fifty dollars

($250).

(c) In no case shall the total credits provided under this subsection exceed five

hundred dollars ($500) per taxpayer.

(2) (a) For taxable years beginning after December 31, 2008, and beginning before

January 1, 2016, there is hereby created a nonrefundable credit against the tax

imposed under KRS 141.020 or 141.040, and KRS 141.0401, with the

ordering of credits as provided in KRS 141.0205, if one (1) or more of the

items listed in paragraph (b) of this subsection is installed during the taxable

year on a dwelling unit located in the Commonwealth, or on property located

in the Commonwealth that is owned and used by the taxpayer as commercial

property.

(b) The tax credit shall equal:

1. Thirty percent (30%) of the installed costs of:

a. An active solar space-heating system;

b. A passive solar space-heating system;

c. A combined active solar space-heating and water-heating system;

d. A solar water-heating system; and

e. A wind turbine or wind machine; or

2. Three dollars ($3) per watt direct current (DC) of rated capacity of a

solar photovoltaic system.

(c) In no case shall the total tax credits provided in this subsection exceed:

1. Five hundred dollars ($500) per taxpayer if installed on a dwelling unit

located in the Commonwealth that is owned by the taxpayer and used by

the taxpayer as:

a. The taxpayer's principal place of residence; or

b. A single-family residential rental unit; or

2. One thousand dollars ($1,000) per taxpayer if installed on property

located in the Commonwealth that is owned and used by the taxpayer as:

a. A multifamily residential rental unit; or

b. Commercial property;

(3) (a) For taxable years beginning after December 31, 2008, and beginning before

January 1, 2016, there is hereby created a nonrefundable credit against the tax

imposed under KRS 141.020 or 141.040, and KRS 141.0401, with the

ordering of credits as provided in KRS 141.0205, if one (1) or more of the

following is installed during the taxable year on property located in the

Commonwealth that is owned and used by the taxpayer as commercial

property:

1. An energy-efficient interior lighting system; and

2. An energy-efficient heating, cooling, ventilation, or hot water system.

(b) The tax credit shall equal thirty percent (30%) of the installed costs of:

1. An energy-efficient interior lighting system, not to exceed five hundred

dollars ($500) per taxpayer; and

2. An energy-efficient heating, cooling, ventilation, or hot water system,

not to exceed five hundred dollars ($500) per taxpayer.

(c) In no case shall the total tax credits provided in this subsection exceed one

thousand dollars ($1,000) per taxpayer.

(d) For purposes of the tax credit provided by this subsection, "commercial

property" shall not include single-family or multifamily residential units.

(4) The tax credits provided under this section shall apply in the tax year in which the

installation is completed. If the credit cannot be taken in full in the year in which the

installation is completed, the tax credit may be carried forward one (1) year.

(5) The department may request copies of invoices, purchase receipts, installation

contracts, proof of installer's NABCEP certification, and any other information that

the department determines necessary to verify credits taken.

(6) If the taxpayer has taken the ENERGY STAR home or the ENERGY STAR

manufactured home tax credit provided under KRS 141.437, the tax credits

provided under this section shall not apply.

(7) The department shall establish, by administrative regulation, the guidelines and

technical requirements for items that are eligible for the tax credits provided under

subsection (2) of this section, including but not limited to requirements for capacity,

siting, plumbing, collector mountings, and pressurization. The department shall

enlist the assistance, cooperation, and recommendations of the Office of Energy

Policy and the Kentucky Pollution Prevention Center at the University of Louisville

in determining those guidelines and technical requirements and may enlist their

assistance in evaluating the eligibility of credits taken under this section.

(8) On or before December 1, 2010, and on or before every December 1 thereafter, the

department shall report to the Legislative Research Commission the total number

and gross amount of each type of tax credit claimed on returns processed during the

fiscal year ending prior to the December reporting date.