Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/i8908/202312/a/xml/cycle06/source (Init. & Date) _______ Page 1 of 4 16:06 - 21-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service Instructions for Form 8908 (Rev. December 2023) Energy Efficient Home Credit Section references are to the Internal Revenue Code A qualified new energy efficient home that is a unless otherwise noted. manufactured home may be acquired directly or indirectly from an eligible contractor. A qualified new energy efficient home that is a manufactured home is acquired indirectly General Instructions from an eligible contractor for use as a residence if the Future Developments person that produced the manufactured home sells it to an intermediary (for example, a dealer of manufactured For the latest information about developments related to homes) and the intermediary (or the last of multiple Form 8908 and its instructions, such as legislation intermediaries) sells or leases the manufactured home to enacted after they were published, go to IRS.gov/ another person for use as a residence. See section 7.03 Form8908. of Notice 2023-65 for a safe harbor permitting an eligible What’s New contractor to rely on a dealer's statement concerning a sale by the dealer of manufactured homes. Credit increase and modification. The Inflation Reduction Act of 2022 increased and modified the credit Eligible Contractor for certain homes sold or leased after 2022. An eligible contractor is the person that constructed the qualified new energy efficient home and owned and had a Purpose of Form basis in the home during its construction, or, in the case of Eligible contractors use Form 8908 to claim a credit for a qualified new energy efficient home that is a each qualified new energy efficient home sold or leased to manufactured home, the person that produced the home another person during the tax year for use as a residence. and owned and had a basis in the home during its The credit is based on the energy saving requirements of production. For example, if a person that owns and has a the home. The credit is part of the general business credit. basis in a qualified new energy efficient home during its Partnerships and S corporations must file this form to construction hires a third-party contractor to construct the claim the credit. All other taxpayers aren’t required to home, the person that hires the third-party contractor is complete or file this form if their only source for this credit the eligible contractor and the third-party contractor isn't is a partnership or an S corporation. Instead, they can an eligible contractor. report this credit directly on line 1p in Part III of Form 3800, General Business Credit. Qualified New Energy Efficient Home A qualified new energy efficient home is a dwelling unit For more information, see section 45L and Notice located in the United States, whose construction is 2023-65, 2023-42 I.R.B. 1067, available at IRS.gov/irb/ substantially completed after August 8, 2005, and sold or 2023-42_IRB#NOT-2023-65. leased to another person before 2033, for use as a residence. The home must be certified and meet certain Which Revision To Use energy saving requirements. Construction includes Use the December 2023 revision of Form 8908 for tax substantial reconstruction and rehabilitation. years beginning in 2023 or later, until a later revision is issued. Use prior revisions of the form and instructions for The term “United States” includes all 50 states and the earlier tax years. All revisions are available at IRS.gov/ District of Columbia. The term does not include U.S. Form8908. territories. Who May Claim the Credit Energy Saving Requirements An eligible contractor may claim the credit for a qualified To meet the energy saving requirements, a qualified new new energy efficient home that is acquired by an individual energy efficient home must be eligible to participate in one from that contractor during the tax year for use as a of the following Energy Star programs. residence. • The Energy Star Residential New Construction Program. Definitions • The Energy Star Manufactured New Homes Program. • The Energy Star Multifamily New Construction Acquired Program. The term "acquired" includes purchased. Also, a qualified For more information about these programs, see the new energy efficient home that is leased by a person from Energy Star Program Requirements webpage at an eligible contractor for use as a residence during the tax www.energystar.gov/partner_resources/residential_new/ year is considered acquired. A qualified new energy program_reqs. efficient home is not acquired by a person from an eligible contractor if the eligible contractor retains the home for use as a residence. Dec 21, 2023 Cat. No. 66390D |
Page 2 of 4 Fileid: … ns/i8908/202312/a/xml/cycle06/source 16:06 - 21-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The credit amount is based on the extent to which each • The Energy Star Multifamily New Construction Regional qualified new energy efficient home meets the energy Program Requirements in effect on January 1, 2023, saving requirements discussed below. which are applicable to the location of the dwelling unit. Zero energy ready home. A zero energy ready home is A dwelling unit certified under a currently effective a dwelling unit certified as a zero energy ready home version of one of the Energy Star Multifamily Home under the Zero Energy Ready Home (ZERH) Program of Program Requirements by definition is also certified under the Department of Energy as in effect on January 1, 2023 any prior version of the same program requirements. For (or any successor program determined by the Secretary of example, a dwelling unit certified under the Energy Star the Treasury). See section 4.04(2) of Notice 2023-65 for Multifamily New Construction National Program more information about the ZERH program in effect and Requirements 1.2 is also considered certified under the the determination of any successor program. Energy Star Multifamily New Construction National Program Requirements 1.1. Information about this program is available at www.energy.gov/eere/buildings/doe-zero-energy-ready- The EPA will deem a dwelling unit certified under home-zerh-program-requirements. certain Energy Star Multifamily New Construction National Program Requirements to also be certified under certain Single-family home requirements (Energy Star Sin- Energy Star Multifamily New Construction Regional gle-Family Home Program Requirements). A dwelling Program Requirements, and vice versa. To determine unit eligible to participate in the Energy Star Residential which deemed certifications correspond to which Energy New Construction Program or the Energy Star Star program requirements, see the Energy Star webpage Manufactured New Homes Program meets these (address provided below). requirements if the dwelling unit meets: • The Energy Star Single-Family New Homes National If the dwelling unit is not located in California, Florida, Program Requirements 3.1; and Hawaii, Oregon, or Washington, then the most recent • The Energy Star Single-Family New Homes Program Energy Star Multifamily New Construction Program Requirements in effect on January 1, 2023, which are Requirements applicable to the location of the dwelling applicable to the location of the dwelling unit; or unit will be the effective Energy Star Multifamily New • The Energy Star Manufactured Home National Program Construction National Program Requirements. Requirements in effect on January 1, 2023. For more information, see the Energy Star webpage at A dwelling unit certified under a currently effective www.energystar.gov/about/federal_tax_credits/ version of one of the Energy Star Single-Family Home federal_tax_credit_archives/tax_credits_home_builders. Program Requirements by definition is also certified under Prevailing wage requirements for multifamily any prior version of the same program requirements. For homes. The prevailing wage requirements with respect to example, a dwelling unit certified under the Energy Star any qualifying residence are that the eligible contractor Single-Family New Homes National Program must ensure that any laborers and mechanics employed Requirements 3.2 is also considered certified under the by the eligible contractor or any subcontractor in the Energy Star Single-Family New Homes National Program construction of such residence are paid wages at rates not Requirements 3.1. less than the prevailing rates for construction, alteration, or repair of a similar character in the locality in which such The Environmental Protection Agency (EPA) will deem residence is located as most recently determined by the a dwelling unit certified under certain Energy Star Secretary of Labor. Single-Family New Homes National Program Requirements to also be certified under certain Energy For more information, see the following. Star Single-Family New Homes Regional Program • For initial guidance, see Notice 2022-61, 2022-52 I.R.B. Requirements, and vice versa. To determine which 560, available at IRS.gov/irb/2022-52_IRB#NOT-2022-61. deemed certifications correspond to which Energy Star • Proposed regulations are in Internal Revenue Bulletin program requirements, see the Energy Star webpage 2023-39, available at IRS.gov/irb/ (address provided below). 2023-39_IRB#REG-100908-23. • Any future guidance provided by final regulations will be If a dwelling unit is not located in California, Florida, covered as discussed under Future Developments, earlier. Hawaii, Oregon, or Washington, then the most recent • Frequently asked questions about the prevailing wage Energy Star Single-Family New Homes Program requirements are available at IRS.gov/credits-deductions/ Requirements applicable to the location of the dwelling frequently-asked-questions-about-the-prevailing-wage- unit will be the effective Energy Star Single-Family New and-apprenticeship-under-the-inflation-reduction-act. Homes National Program Requirements. For more information, see the Energy Star webpage at Certification www.energystar.gov/about/federal_tax_credits/ An eligible contractor must obtain any certification(s) the federal_tax_credit_archives/tax_credits_home_builders. dwelling unit needs to meet the applicable program Multifamily home requirements (Energy Star Multi- requirement(s) referred to in section 45L(c) before family Home Program Requirements). A dwelling unit claiming the energy efficient home credit. These program eligible to participate in the Energy Star Multifamily New requirements are discussed earlier. Certification Construction Program meets these requirements if the information is available on the referenced websites. dwelling unit meets: • The Energy Star Multifamily New Construction National Program Requirements in effect on January 1, 2023; and 2 Instructions for Form 8908 (Rev. December 2023) |
Page 3 of 4 Fileid: … ns/i8908/202312/a/xml/cycle06/source 16:06 - 21-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • The number of laborers and mechanics who received Specific Instructions correction payments as the result of any failure to pay the applicable prevailing wage rates. Line 1 • The amount of penalty payments owed with respect to The credit is $2,500 for each home sold or leased after any failures to pay the applicable prevailing wage rates. 2022 and eligible to participate in the: You must maintain and preserve sufficient • Energy Star Residential New Construction Program that ! records, including books of account or records of meets the single-family home requirements but is not CAUTION work performed by laborers who constructed the certified as a zero energy ready home, or home, to substantiate that you meet the prevailing wage • Energy Star Manufactured New Homes Program that requirements and to claim the increased tax benefit. meets the single-family home requirements but is not certified as a zero energy ready home. Generally, you must reduce the expenses incurred in the construction of each new home by the amount of the Generally, you must reduce the expenses incurred in credit when figuring your basis in the property. However, the construction of each new home by the amount of the do not reduce the expenses by the amount of the credit credit when figuring your basis in the property. However, when figuring the adjusted basis of a building for purposes do not reduce the expenses by the amount of the credit of the low-income housing credit. Also, expenses taken when figuring the adjusted basis of a building for purposes into account for either the rehabilitation credit or the of the low-income housing credit. Also, expenses taken energy credit part of the investment tax credit must not be into account for either the rehabilitation credit or the taken into account when figuring the energy efficient home energy credit part of the investment tax credit must not be credit. See sections 45L(e) and (f). taken into account when figuring the energy efficient home credit. See sections 45L(e) and (f). Line 4 Line 2 The credit is $5,000 for each home sold or leased after 2022 and eligible to participate in the Energy Star The credit is $5,000 for each home sold or leased after Multifamily New Construction Program that meets the 2022 and eligible to participate in the: prevailing wage requirements and is certified as a zero • Energy Star Residential New Construction Program and energy ready home. is certified as a zero energy ready home, or • Energy Star Manufactured New Homes Program and is You must attach additional information to your timely certified as a zero energy ready home. filed return (including extensions) to substantiate that you meet the prevailing wage requirements and to claim the Generally, you must reduce the expenses incurred in increased credit amount for each home. You must attach a the construction of each new home by the amount of the separate statement for each home. The statement must credit when figuring your basis in the property. However, include the following information. do not reduce the expenses by the amount of the credit • The location of the home. when figuring the adjusted basis of a building for purposes • The applicable wage determinations for each of the low-income housing credit. Also, expenses taken classification of laborer and mechanic that performed into account for either the rehabilitation credit or the work on the construction of the home. energy credit part of the investment tax credit must not be • The wages paid (including any correction payments as taken into account when figuring the energy efficient home defined in section 45(b)(7)(B)(i)(I)) and hours worked for credit. See sections 45L(e) and (f). each of the laborer or mechanic classifications engaged in the construction of the home. Line 3 • The number of laborers and mechanics who received The credit is $2,500 for each home sold or leased after correction payments as the result of any failure to pay the 2022 and eligible to participate in the Energy Star applicable prevailing wage rates. Multifamily New Construction Program that meets the • The amount of penalty payments owed with respect to prevailing wage requirements and the multifamily home any failures to pay the applicable prevailing wage rates. requirements but is not certified as a zero energy ready home. You must maintain and preserve sufficient records, including books of account or records of You must attach additional information to your timely CAUTION! work performed by laborers who constructed the filed return (including extensions) to substantiate that you home, to substantiate that you meet the prevailing wage meet the prevailing wage requirements and to claim the requirements and to claim the increased tax benefit. increased credit amount for each home. You must attach a separate statement for each home. The statement must Generally, you must reduce the expenses incurred in include the following information. the construction of each new home by the amount of the • The location of the home. credit when figuring your basis in the property. However, • The applicable wage determinations for each do not reduce the expenses by the amount of the credit classification of laborer and mechanic that performed when figuring the adjusted basis of a building for purposes work on the construction of the home. of the low-income housing credit. Also, expenses taken • The wages paid (including any correction payments as into account for either the rehabilitation credit or the defined in section 45(b)(7)(B)(i)(I)) and hours worked for energy credit part of the investment tax credit must not be each of the laborer or mechanic classifications engaged in taken into account when figuring the energy efficient home the construction of the home. credit. See sections 45L(e) and (f). Instructions for Form 8908 (Rev. December 2023) 3 |
Page 4 of 4 Fileid: … ns/i8908/202312/a/xml/cycle06/source 16:06 - 21-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 5 Generally, you must reduce the expenses incurred in the construction of each new home by the amount of the The credit is $500 for each home sold or leased after 2022 credit when figuring your basis in the property. However, and eligible to participate in the Energy Star Multifamily do not reduce the expenses by the amount of the credit New Construction Program that meets the multifamily when figuring the adjusted basis of a building for purposes home requirements but is not certified as a zero energy of the low-income housing credit. Also, expenses taken ready home and does not meet the prevailing wage into account for either the rehabilitation credit or the requirements. energy credit part of the investment tax credit must not be Generally, you must reduce the expenses incurred in taken into account when figuring the energy efficient home the construction of each new home by the amount of the credit. See sections 45L(e) and (f). credit when figuring your basis in the property. However, do not reduce the expenses by the amount of the credit Line 7 when figuring the adjusted basis of a building for purposes Enter total energy efficient home credits from: of the low-income housing credit. Also, expenses taken • Schedule K-1 (Form 1065), Partner’s Share of Income, into account for either the rehabilitation credit or the Deductions, Credits, etc., box 15 (code AM); and energy credit part of the investment tax credit must not be • Schedule K-1 (Form 1120-S), Shareholder’s Share of taken into account when figuring the energy efficient home Income, Deductions, Credits, etc., box 13 (code AM). credit. See sections 45L(e) and (f). Partnerships and S corporations report the above Line 6 credits on line 7. All other filers figuring a separate credit The credit is $1,000 for each home sold or leased after on earlier lines also report the above credits on line 7. All 2022 and eligible to participate in the Energy Star others not using earlier lines to figure a separate credit Multifamily New Construction Program that is certified as can report the above credits directly on Form 3800, Part a zero energy ready home but does not meet the III, line 1p. prevailing wage requirements. Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden for individual and business taxpayers filing this form is approved under OMB control number 1545-0074 and 1545-0123 and is included in the estimates shown in the instructions for their individual and business income tax return. The estimated burden for all other taxpayers who file this form is shown below. Recordkeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 hr., 9 min. Learning about the law or the form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 min. Preparing and sending the form to the IRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. See the instructions for the tax return with which this form is filed. 4 Instructions for Form 8908 (Rev. December 2023) |