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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-24
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(A) which is --
(1) a furnace replacement burner designed to achieve a
reduction in the amount of fuel consumed as a result of increased
combustion efficiency,
(ii) a device for modifying flue openings designed to
increase the efficiency of operation of the heating system,
(iii) an electrical or mechanical furnace ignition
system, which replaces a gas pilot light,
(iv) a storm or thermal window or door for the exterior of
the dwelling,
(v) an automatic energy-saving setback thermostat,
(vi) caulking or weatherstripping of an exterior door or
window,
(vii) a meter which displays the cost of energy usage,
or
(viii) an item of the kind which the Secretary specifies
by regulations as increasing the energy efficiency of the
dwelling,
(B) the original use of which begins with the taxpayer,
(C) which can reasonably be expected to remain in operation
for at least 3 years, and
(D) which meets the performance and quality standard (if
any) which --
(i) have been prescribed by the Secretary by regulations,
and
(ii) are in effect at the time of the acquisition of the
item.
(5) Renewable energy source property. -- The term
"renewable energy source property" means property --
(A) which, when installed in connection with a dwelling,
transmits or uses --
(i) solar energy, energy derived from the geothermal
deposits (as a defined in section 613(e)(3)), or any other form
of renewable energy which the Secretary specifies by regulations,
for the purpose of heating or cooling such dwelling or providing
hot water or electricity for use within such dwelling, or
(ii) wind energy for nonbusiness residential purposes,
(B) the original use of which begins with the taxpayer,
(C) which can reasonably be expected to remain in operation
for at least 5 years, and
(D) which meets the performance and quality standards (it
any) which --
(i) have been prescribed by the Secretary by regulations,
and
(ii) are in effect at the time of the acquisition of the
property.
(6) Regulations. --
(A) Criteria; certification procedures. -- The Secretary
shall by regulations --
(i) establish the criteria which are to be used in (I)
prescribing performance and quality standards under paragraphs
(3), (4), and (5), or (II) specifying any item under paragraph
(4)(A)(viii) or any form of renewable energy under paragraph
(5)(A)(i), and
(ii) establish a procedure under which a manufacturer of an
item may request the Secretary to certify that the item will be
treated, for purposes of this section, as insulation, an
energy-conserving component, or renewable energy source property.
(B) Consultation. -- Performance and quality standards
regulations and other regulations shall be prescribed by the
Secretary under paragraphs (3), (4), and (5) and under this
paragraph only after consultation with the Secretary of Energy,
the Secretary of Housing and Urban Development, and other
appropriate federal officers.
(C) Action on requests. --
(i) In general. -- The Secretary shall make a final
determination with respect to any request filed under
subparagraph (A)(ii) for specifying an item under paragraph
(4)(A)(viii) or for specifying a form of renewable energy under
paragraph (5)(A)(i) within 1 year after the filing of the
request, together with any information required to be filed with
such request under subparagraph (A)(ii).
(ii) Reports. -- Each month the Secretary shall publish a
report of any request which has been denied during the preceding
month and the reasons for the denial.
(D) Effective date. --
(i) In general. -- In the case ;of any item or energy
source specified under paragraph (4)(A)(viii) or (5)(A)(i), the
credit allowed by subsection (a) shall supply with respect to
expenditures which are made on or after the date on which final
notice of such specification is published in the Federal
Register.
(ii) Expenditures taken into account in following taxable
years. -- The Secretary may prescribe by regulations that
expenditures made on or after the date referred to in clause (i)
and before the closes of the taxable year in which such date
occurs shall be taken into account in the following taxable year.
(7) When expenditures made; amount of expenditures. --
(A) In general. -- Except as provided in subparagraph (B),
an expenditure with respect to an item shall be treated as made
when original installation of the item is completed.
(B) Renewable energy source expenditures. -- In the case of
renewable energy source expenditures in connection with the
construction or reconstruction of a dwelling, such expenditures
shall be treated as made when the original use of the constructed
or reconstructed dwelling by the taxpayer begins.
(C) Amount,. -- The amount of any expenditure shall be the
cost thereof.
(D) Allocation in certain cases. -- If less than 80 percent
of the use of an item is for nonbusiness residential purposes,
only that portion of the expenditures of such item which properly
allocable to use for nonbusiness residential purposes shall be
taken into account. For purposes of this subparagraph, use for a
swimming pool shall be treated as use which is not for
residential purposes.
(8) Principal residence. -- The determination of whether
or not a dwelling unit is a taxpayer's principal residence shall
be made under principles similar to those applicable to section
1034, except that --
(A) no ownership requirement shall be imposed, and
(B) the period for which a dwelling is treated as the
principal residence of the taxpayer shall include the 30-day
period ending on the first day on which it would (but for this
subparagraph) be treated as his principal residence.
(9) Limitations on Secretarial authority. --
(A) In general. -- The Secretary shall not specify any item
under paragraph (4)(A)(viii) or any form of renewable energy
under paragraph (5)(A)(i) unless the Secretary determines that --
(i) there will be a reduction in oil or natural gas
consumption as a result of such specification, and such reduction
is sufficient to justify any resulting decrease in Federal
revenues,
(ii) such specification will not resulting an increased use
of any item which is known to be, or reasonably suspected to be,
environmentally hazardous or a threat to public heath or safety,
and
(iii) available federal subsidies do not make such
specification unnecessary or inappropriate (in the light of the
most advantageous allocation of economic resources).
(B) factors taken into account. -- In making any
determination under subparagraph (A)(i), the Secretary (after
consultation with the Secretary of Energy) --
(i) shall make an estimate of the amount by which the
specification will reduce oil and natural gas consumption, and
(ii) shall determine whether such specification compares
favorably, on the basis of the reduction in oil and natural gas
consumption per dollar of cost the Federal Government (including
revenue loss), with other Federal programs in existence or being
proposed.
(C) Factor taken into account in making estimates. --
In making any estimate under subparagraph (B)(i), the Secretary
shall take into account (among other factors) --
(i) the extent to which the use of any item will be
increased as a result of the specification,
(ii) whether sufficient capacity is available to increase
production to meet any increase in demand caused by such
specification,
(iii) the amount of oil and natural gas used
the manufacture of such item and other items necessary for its
use, and
(iv) the estimated useful life of such item.
(10) Property financed by subsidized energy financing. --
(A) Reduction of qualified expenditures. -- For purposes of
determining the amount of energy conservation or renewable energy
source expenditures made by any individual with respect to any
dwelling unit, there shall not be taken into account expenditures
which are made form subsidized energy