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Rule Title: CREDIT FOR ENERGY CONSERVATION INVESTMENT
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Department: REVENUE
Chapter: TAX CREDITS
Subchapter: Individual - Energy Conservation Installation Credit
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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42.4.203    CREDIT FOR ENERGY CONSERVATION INVESTMENT

(1) For new construction, items installed prior to July 1, 2010, are eligible investments for the energy conservation credit if the investments meet or exceed the requirements described in ARM 42.4.206. The amount of credit can be calculated using one of the following provisions:

(a) The credit can be based on the actual additional amount expended to exceed the requirements of the IECC with the Montana amendments. For example, if a taxpayer installs an ENERGY STAR qualified furnace in a new construction project, the incremental cost of equipment and installation costs above a conventional furnace required by code qualifies for the energy conservation credit.

(b) The purchase by the first owner or construction of a new ENERGY STAR qualified site-built home can be considered the equivalent of investing $2,000 for energy conservation purposes resulting in a total credit of $500 ($2,000 * 25%). The $500 may be allocated among the individuals who purchased the home. Verification must be made by a third party accredited by the federal Environmental Protection Agency to rate homes under the ENERGY STAR program. The resale of an ENERGY STAR home does not qualify for the credit.

(c) The purchase by the first owner or construction of a new site-built home certified as attaining a Silver or Gold level under the Montana Building Industry Association Green Building program and having an ENERGY STAR heating system can be considered the equivalent of investing $2,000 for energy conservation purposes resulting in a total credit of $500 ($2,000 * 25%). The $500 may be allocated among the individuals who purchased the home. Certification must be made by a National Green Building Certification verifier accredited by the National Association of Home Builders. The resale of a Montana Building Industry Association Green Building certified home does not qualify for the credit.

(2) For new construction, items installed on or after July 1, 2010, are eligible investments for the energy conservation credit if the investments meet or exceed the specifications described in ARM 42.4.209. A taxpayer may still calculate the amount of credit using the provisions described in (1).

(3) For investments in existing buildings installed prior to July 1, 2010, a credit will be given for capital investments listed in ARM 42.4.204 that are recognized to substantially reduce the waste or dissipation of energy, or reduce the amount of energy required for proper utilization of the building.

(4) For investments in existing buildings installed on or after July 1, 2010, a credit will be given for capital investments listed in ARM 42.4.204, which meet or exceed the specifications described in ARM 42.4.209 where applicable.

(5) A credit under 15-32-109, MCA, will not be allowed for an investment for which a credit under 15-32-115 or 15-32-201, MCA, is claimed.

(6) A credit will not be allowed for capital investments that are directly used in a production or manufacturing processor rendering a service to customers. 

(7) Only investments in buildings located in Montana qualify for the energy conservation credit.

History: 15-1-201, 15-32-105, MCA; IMP, 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA; NEW, 1977 MAR p. 971, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD, 1992 MAR p. 2555, Eff. 11/26/92; AMD and TRANS, from ARM 42.15.431, 2002 MAR p. 3705, Eff. 12/27/02; TRANS, from ARM 42.4.130, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2006 MAR p. 357, Eff. 2/10/06; AMD, 2008 MAR p. 387, Eff. 2/29/08; AMD, 2009 MAR p. 459, Eff. 5/1/09; AMD, 2010 MAR p. 1406, Eff. 6/11/10.


 

 
MAR Notices Effective From Effective To History Notes
42-2-826 6/11/2010 Current History: 15-1-201, 15-32-105, MCA; IMP, 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA; NEW, 1977 MAR p. 971, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD, 1992 MAR p. 2555, Eff. 11/26/92; AMD and TRANS, from ARM 42.15.431, 2002 MAR p. 3705, Eff. 12/27/02; TRANS, from ARM 42.4.130, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2006 MAR p. 357, Eff. 2/10/06; AMD, 2008 MAR p. 387, Eff. 2/29/08; AMD, 2009 MAR p. 459, Eff. 5/1/09; AMD, 2010 MAR p. 1406, Eff. 6/11/10.
42-2-802 5/1/2009 6/11/2010 History: 15-1-201, 15-32-105, MCA; IMP, 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA; NEW, 1977 MAR p. 971, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD, 1992 MAR p. 2555, Eff. 11/26/92; AMD and TRANS, from ARM 42.15.431, 2002 MAR p. 3705, Eff. 12/27/02; TRANS, from ARM 42.4.130, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2006 MAR p. 357, Eff. 2/10/06; AMD, 2008 MAR p. 387, Eff. 2/29/08; AMD, 2009 MAR p. 459, Eff. 5/1/09.
42-2-790 2/29/2008 5/1/2009 History: 15-1-201, 15-32-105, MCA; IMP, 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA; NEW, 1977 MAR p. 971, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD, 1992 MAR p. 2555, Eff. 11/26/92; AMD and TRANS, from ARM 42.15.431, 2002 MAR p. 3705, Eff. 12/27/02; TRANS, from ARM 42.4.130, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2006 MAR p. 357, Eff. 2/10/06; AMD, 2008 MAR p. 387, Eff. 2/29/08.
2/10/2006 2/29/2008 History: 15-32-105, MCA; IMP, 15-32-105, 15-32-109, MCA; NEW, 1977 MAR p. 971, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD, 1992 MAR p. 2555, Eff. 11/26/92; AMD and TRANS, from ARM 42.15.431, 2002 MAR p. 3705, Eff. 12/27/02; TRANS, from ARM 42.4.130, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2006 MAR p. 357, Eff. 2/10/06.
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