Energy Credit Carryforward

[skdoorn12]

Is anyone aware of how many years you can carryforward unused Energy Credits? Due to clients Adoption Credits, he could not use his Energy Credit for 2008 and it carries forward to 2009. If his remaining Adoption Credit for 2009 disallows the carryforward (Energy Credit) to be claimed again, will it carryforward to 2010? I could find nothing in writing stating that the carryforwards are limited to a certain number of years.

[solomon]

There are carry forward provisions for §25D. See §25D(c)(1)(2).

[Zee]

New furnaces, insulation?

It's not clear whether the energy efficient carryforward also applies to new furnaces, insulation, etc.

What'd you think?

The answer is NO. From the energystar website. Now, I'm asking and answering my own questions...that could be a bad sign. Anyway, here's a link to the answer if anyone is interested:

http://energystar.custhelp.com/cgi-bin/energystar.cfg/php/enduser/std_adp.php?p_faqid=5694&p_created=1240325169&p_sid=4NxQ_3Dj&p_accessibility=0&p_redirect=&p_lva=5629&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9MSwxJnBfcHJvZHM9MCZwX2NhdHM9JnBfcHY9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9NTY5NA**&p_li=&p_topview=1

[solomon]

As cited above, §25D carries forward but §25C does not.

[Zee]

As cited above, §25D carries forward but §25C does not.

Solomon-

You have great research skills. I'm sure you're correct, but I don't see any reference to the non-carryforward in Section 25C, and my eyes are getting tired. I'm sure it's in there somewhere.

[solomon]

Solomon-
... I don't see any reference to the non-carryforward in Section 25C, and my eyes are getting tired. I'm sure it's in there somewhere.

Zee:

If you review the non-refundable credits in the Code I believe you will find some explicitly permit carry forward of unused credits with varying time periods. For example, §23 on adoption, §25 for mortgage certificate, and §25D for residential energy efficient property.

The others, for example, §25A for education credits and §25C for non-business energy property as well as others are silent on carry forwards. The silence of the Code on the non-refundable credits regarding carry forwards does not imply that it is optional to either carry forward or not carry forward. The silence means they are not carry forwards. I believe your energy star cite verifies this.

[Zee]

Zee:

If you review the non-refundable credits in the Code I believe you will find some explicitly permit carry forward of unused credits with varying time periods. For example, §23 on adoption, §25 for mortgage certificate, and §25D for residential energy efficient property.

The others, for example, §25A for education credits and §25C for non-business energy property as well as others are silent on carry forwards. The silence of the Code on the non-refundable credits regarding carry forwards does not imply that it is optional to either carry forward or not carry forward. The silence means they are not carry forwards. I believe your energy star cite verifies this.

Thank you. I agree.