2009 Tax Credit Information - Important New
Details
On February 17, 2009 President Obama signed into law, H.R. 1,
the American Recovery and Reinvestment Act (ARRA). The
Hearth, Patio & Barbecue Association (HPBA) and the Pellet
Fuels Institute (PFI) succeeded in getting included in that
critical legislation a tax credit for the purchase of a
biomass-burning stove to help consumers fight rising home
heating costs.
The tax credit is a 30% tax credit of up to $1500 total over
a two year period (2009-2010) for the purchase of a 75%
efficient biomass-burning appliance. (The "$1500 over
two-years" is new!) The tax credit provisions are extended
improvements on the legislation that passed in October 2008.
The major changes are: 1) an extension of the credit to include
2010; 2) the increase on the credit from $300 to 30% of the
total cost; and 3) the lower heating value (LHV) will be used
for the efficiency rating rather than the higher heating value (HHV)
In a letter to the IRS in February 2009, the HPBA asked the
IRS to issue specific guidance on a number of issues on the tax
credit. On June 1, 2009, the Internal Revenue Service
(IRS) issued its guidance for this consumer tax credit. While
not addressing many of the specific issues raised by the HPBA,
this minimal guidance should be sufficient. We understand
that the IRS is not expected to issue any further guidance on
this tax credit, although HPBA staff will continue to ask for
clarifications as needed.
Tax
Credit FAQs
Q: What is a federal consumer tax credit?
A: Consumers claim the credit on their federal
income tax form at the end of the year. This new credit reduces
the amount of tax you owe. The new credit is a reduction
of total income tax at the bottom of your return, up to $1500.
This tax credit is a non-refundable tax credit available for
individuals who pay taxes and who make energy-conscious
purchases to improve the energy efficiency of their home.
Note: With regard to tax credits vs. tax deductions, in
general, a tax credit is more valuable than a similar tax
deduction. A tax credit reduces the tax you pay,
dollar-for-dollar. Tax deductions - such as those for home
mortgages and charitable giving - lower your taxable income.
Q: When does this tax credit go into effect and how
long will it last?
A: The tax credit went into effect January 1,
2009 and is valid only for the purchase of a qualifying biomass
stove during 2009 and 2010. The
maximum tax credit for the two-year period is $1500. The
sales receipt must indicate that the purchase was made between
January 1, 2009 and December 31, 2010.
Q: Who determined the tax credit guidelines for the
qualifying units?
A: The Department of the Treasury, and specifically,
the IRS.
Q: Will other wood and solid-fuel appliances (like
inserts, EPA-certified wood-burning fireplaces and hydronic
heaters) qualify for the tax credit?
A: The IRS did not state that inserts are
covered, or are not covered. However,
based on EPA's practice of treating inserts and freestanding
biomass stoves in a similar fashion, manufacturers may choose to
include inserts. At this time (June 2009) it is not
clear whether EPA-certified wood-burning fireplaces or hydronic
heaters will qualify.
Q: Do all pellet stoves qualify for the tax credit?
A: Any pellet stove that meets the 75%
efficiency rating and has the qualifying documentation does
qualify for the tax credit.
Q: Are the installation costs, both labor and
venting (chimney), covered?
A: Installation is covered as long as it is a
required for proper and safe operation of the stove. The
IRS is silent on the possible need to replace a chimney when
upgrading an existing biomass stove; however, the EPA has a
section on its website titled, Installation
Affects Efficiency, which retailers and consumers should
consult when deciding if a chimney replacement is warranted when
installing a biomass stove.
Q. Are biomass stoves installed in new homes, or vacation
homes, covered by this tax credit?
A. No. The IRS is very clear that this credit applies only
to existing principal residences, thus new homes and vacation
homes would not qualify, nor would homes owned as rental units.
Q. If a consumer purchases other products, such as solar
collectors or window upgrades, does this mean a biomass stove
tax credit can't be taken?
A. The tax credit is an aggregate, meaning the
2-year $1500 total credit can be used for items other than
biomass stoves, such as windows and doors, HVAC and non-solar
water heater upgrades, and roof upgrades, all of which are in
the same tax credit category as biomass stoves. The tax
credit for all of these upgrades is capped at $1500 for the two
year period. For example, if a taxpayer uses the entire
$1500 for a product in 2009, then they cannot use it in 2010 for
any other product in that same tax credit category.
Q: Are prior purchases covered?
A: Prior purchases made between January 1, 2009, and
June 1, 2009 are covered if the manufacturer offers a
certification statement for the product.
Q: Do stoves that are not newly tested for efficiency
qualify under the tax credit?
A: If a manufacturer has documentation
that a stove has already achieved the required efficiency rating
and issues a certification statement for the product, no further
testing is required.
Q: Why was 75% efficiency selected?
A: The 75% efficiency was designated by the U.S.
Congress in 2005 as part of the Energy Policy Act and was used
again for this tax credit.
Q: How is the 75% efficiency requirement determined?
A: The manufacturer of the stove must provide
certification that the product tests for at least a 75%
efficiency rating using the lower heating value, i.e., the heat
value of a combustion process assuming that none of the water
vapor resulting from the process is condensed out, so that its
latent heat is not available.
Q: What must a manufacturer provide to a consumer to
prove that a product is certified?
A: The manufacturer must certify that its
product meets or exceeds the IRS efficiency requirement.
To do so, the manufacturer of a stove that qualifies for the tax
credit may certify to a taxpayer that the component is a
"qualified energy property" by providing the taxpayer
with a manufacturer's certification statement that
satisfies the requirements of sections 6.04, 6.05 and 6.06 of
the IRS Guidance found at http://www.irs.gov/pub/irs-drop/n-09-53.pdf.
The certification statement may be provided by including a
written copy of the statement with the packaging of the
component or property, in printable form on the manufacturer's
website, or in any other manner that will permit the taxpayer to
retain the certification statement for tax record keeping purposes.
Q: What information should be included in a
manufacturer's certification statement?
A: A manufacturer's certification statement
must contain the following information:
(1) The name and address
of the manufacturer.
(2) Identification of
the class of qualified energy property (Biomass-Burning Stove)
in which the property is included.
(3) The make, model
number, and any other appropriate identifiers of the stove.
(4) A statement that the
component is an eligible qualified energy property.
(5) A manufacturer's
certification statement must contain a declaration, signed by a
person currently authorized to bind the manufacturer in these
matters, in the following form: "Under penalties of
perjury, I declare that I have examined this certification
statement, and to the best of my knowledge and belief, the facts
are true, correct, and complete."
Q: What should a retailer provide and the customer
retain for tax purposes?
A: Retailers and consumers must keep exact
records of any sale or purchase. Retailers should provide
a consumer with the manufacturer's certification statement
for the specific product model purchased. A consumer may
rely on a manufacturer's certification statement that their
products are qualified energy property. A taxpayer is not
required to attach the certification statement to the return on
which the credit is claimed. A consumer claiming a credit for
qualified energy property should retain the certification
statement as part of the taxpayer's records. Manufacturers
should make this certification document available to consumers
on the web, in the product packaging, or in some other easily
accessible manner.
Q: Does the stove need to be manufactured in the
U.S. to qualify for the credit?
A: No; there is no "Buy America"
component to this tax credit.
The IRS Guidance can be found at http://www.irs.gov/pub/irs-drop/n-09-53.pdf.
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