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Code · STATUTE-COMPILATIONS · Bipartisan Budget Act of 2018 · Sec. 40411

Sec. 40411. EXTENSION AND PHASEOUT OF ENERGY CREDIT

585 words·~3 min read·/statute-compilations/comps-14173/sec-40411

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## SEC. 40411 EXTENSION AND PHASEOUT OF ENERGY CREDIT ###
(a)Extension of Solar and Thermal Energy Property Section 48(a)(3)(A) is amended— ####
(1)by striking “periods ending before January 1, 2017” in clause
(ii)and inserting “property the construction of which begins before January 1, 2022”, and ####
(2)by striking “periods ending before January 1, 2017” in clause
(vii)and inserting “property the construction of which begins before January 1, 2022”. ###
(b)Phaseout of 30-Percent Credit Rate for Fiber-optic Solar, Qualified Fuel Cell, and Qualified Small Wind Energy Property ####
(1)In general Section 48(a) is amended by adding at the end the following new paragraph: > > #### “(7) Phaseout for fiber-optic solar, qualified fuel cell, and qualified small wind energy property > > > ##### “(A) In general > > Subject to subparagraph (B), in the case of any qualified fuel cell property, qualified small wind property, or energy property described in paragraph (3)(A)(ii), the energy percentage determined under paragraph
(2)shall be equal to— > > > ###### “(i) > > in the case of any property the construction of which begins after December 31, 2019, and before January 1, 2021, 26 percent, and > > > ###### “(ii) > > in the case of any property the construction of which begins after December 31, 2020, and before January 1, 2022, 22 percent. > > > ##### “(B) Placed in service deadline > > In the case of any energy property described in subparagraph
(A)which is not placed in service before January 1, 2024, the energy percentage determined under paragraph
(2)shall be equal to 0 percent.” > . ####
(2)Conforming amendment **[**[26 U.S.C. 48](/us/usc/t26/s48)**]** Section 48(a)(2)(A) is amended by striking “paragraph (6)” and inserting “paragraphs
(6)and (7)”. ####
(3)Clarification relating to phaseout for wind facilities Section 48(a)(5)(E) is amended by inserting “which is treated as energy property by reason of this paragraph” after “using wind to produce electricity”. ###
(c)Extension of Qualified Fuel Cell Property Section 48(c)(1)(D) is amended by striking “for any period after December 31, 2016” and inserting “the construction of which does not begin before January 1, 2022”. ###
(d)Extension of Qualified Microturbine Property Section 48(c)(2)(D) is amended by striking “for any period after December 31, 2016” and inserting “the construction of which does not begin before January 1, 2022”. ###
(e)Extension of Combined Heat and Power System Property Section 48(c)(3)(A)(iv) is amended by striking “which is placed in service before January 1, 2017” and inserting “the construction of which begins before January 1, 2022”. ###
(f)Extension of Qualified Small Wind Energy Property Section 48(c)(4)(C) is amended by striking “for any period after December 31, 2016” and inserting “the construction of which does not begin before January 1, 2022”. ###
(g)Effective Date **[**[26 U.S.C. 48 note](/us/usc/t26/s48)**]** ####
(1)In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to periods after December 31, 2016, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). ####
(2)Extension of combined heat and power system property The amendment made by subsection
(e)shall apply to property placed in service after December 31, 2016. ####
(3)Phaseouts and terminations The amendments made by subsection
(b)shall take effect on the date of the enactment of this Act.
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Sec. 40411
EXTENSION AND PHASEOUT OF ENERGY CREDIT
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