The IRS Massive Enterprise and Worldwide Division launched an up to date 53-page apply unit in June on the Part 179D energy-efficient industrial buildings deduction. The aim of this apply unit is to function a job support and as a coaching handbook on 179D tax deductions for IRS workers and is supposed to offer pointers for learn how to conduct an examination.
Whereas 179D tax deductions profit each industrial constructing house owners and designers of government-owned buildings, the apply unit stresses that brokers ought to look extra carefully at designers of government-owned buildings by creating extra steps and “cautions” to observe for throughout examinations of the 179D tax deductions for these taxpayers. All seven cautions listed within the apply unit apply to designers of government-owned buildings, whereas solely two of the seven apply to industrial constructing house owners.
Who’s the designer?
Authorities constructing house owners can allocate 179D tax deductions to the designers of the constructing. Present steering from Discover 2008-40 has at all times outlined an eligible designer as “an individual that creates the technical specs” for the energy-efficient property eligible for 179D tax deductions. Examples of a designer might embody “an architect, engineer, contractor, environmental marketing consultant or vitality providers supplier who creates the technical specs for a brand new constructing or an addition to an current constructing that comes with energy-efficient industrial constructing property.” Moreover, “an individual that merely installs, repairs or maintains the property will not be a designer.”
The IRS apply unit emphasizes that examiners decide eligibility for the allocation of 179D deductions by acquiring and reviewing contracts to evaluation the taxpayer’s duties in designing energy-efficient authorities constructing property. Design duties for a constructing are designated by contract, and eligible designers ought to have the ability to current a design contract, the technical specs, stamped or sealed drawings, and extra documentation establishing designer standing.
The apply unit encourages examiners to have a look at stamped or sealed drawings to find out a designer of file, which is helpful in figuring out if a taxpayer is an eligible designer. It additionally particularly cautions that “many commerce subcontractors produce what’s known as ‘store drawings’ to ensure any materials merchandise put in within the constructing conforms to the design necessities of architects and engineers. These store drawings usually are not the technical specs required of designers to qualify for the IRC 179D deduction. Store drawings are subordinate to the technical specs produced by the architects and engineers who’re the designers of the undertaking.”
By creating a transparent delineation between “sealed drawings” and “store drawings,” the IRS seems to emphasise that architects and engineers usually tend to qualify as eligible designers than a contractor whose position within the design might have been extra restricted. Though the apply unit doesn’t make any point out of design-build contractors, it’s essential to notice they’re usually contracted for each design providers and building and might usually make the case that they’re eligible designers for 179D tax deductions.
Though a authorities entity usually can decide which designers ought to be allotted 179D tax deductions, the apply unit stresses {that a} authorities constructing proprietor doesn’t have the authority to find out whether or not a designer meets the necessities of a “designer” as outlined in Discover 2008-40. Acquiring a signed allocation letter from a authorities constructing proprietor doesn’t entitle a taxpayer to a 179D deduction in the event that they don’t first meet the definition of a “designer.”
Different issues
Along with offering extra readability on figuring out eligible designers, the IRS stresses that tax-exempt entities and nonprofit organizations usually are not eligible to allocate 179D deductions to their designers, and supplies an instance the place some state universities place buildings in non-public foundations that wouldn’t be eligible for allocating 179D deductions.
How the deduction will get allotted and authorized is essential as properly. Brokers are suggested to interview those that signal allocation letters on behalf of the federal government entity to make sure they really have the authority to allocate the 179D deduction. Certification by correctly licensed people can be required to assert the deduction.
The ultimate step for examination is to think about penalties for taxpayers if changes warrant them. If a 179D deduction adjustment ends in underpayment or an extreme refund or credit score, IRS brokers are requested to think about accuracy-related penalties comparable to these for negligence or substantial underpayment together with penalties for an inaccurate declare for refund.
Whereas this apply unit is supposed to teach and practice IRS workers, it additionally supplies tax professionals and taxpayers extra visibility into how the company would view 179D deductions beneath examination. With the development of presidency buildings involving varied designers, contractors and distributors, it does seem that conventional designers comparable to architects and engineers have considerably much less audit publicity from taking 179D tax deductions than different contractors or distributors concerned within the constructing’s building, assuming a 179D evaluation is carried out correctly. With the IRS specializing in and refining how they conduct their examinations of 179D deductions, choosing the proper 179D tax consulting agency to correctly safe and certify these deductions could make all of the distinction for affected taxpayers.
