Инструкция по форме 7205
Инструкция по форме 7205 «Энергоэффективные коммерческие здания»
Rev. December 2023
Связанные формы
- Форма 7205 - Энергоэффективные коммерческие здания
Department of the Treasury
Internal Revenue Service
Instructions for Form 7205
Energy Efficient Commercial Buildings Deduction
(Rev. December 2023)
Section references are to the Internal Revenue Code
unless otherwise noted.
Building lifetime maximum deduction amount.
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Under prior law, all prior section 179D deductions for a
building were counted towards the maximum deduction
for the building. For property placed in service after
December 31, 2022, only the section 179D deductions
claimed in the prior 3 years (4 years for an allocated
deduction) are counted towards the maximum deduction
for the building.
Future Developments
For the latest information about developments related to
Form 7205 and its instructions, such as legislation
enacted after this form and instructions were published,
General Instructions
What’s New
New revision of Form 7205. For energy efficient
commercial building property placed in service after
December 31, 2022, use the December 2023 revision of
Form 7205. For qualifying property placed in service prior
to January 1, 2023, use the December 2022 revision of
Form 7205.
Purpose of Form
Use Form 7205 to:
Calculate and claim the deduction under section 179D
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for qualifying energy efficient commercial building
property placed in service during the tax year;
Identify yourself as a designer or the building owner;
Provide information on the person performing the
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Changes from the Inflation Reduction Act of 2022
(IRA). The following changes from the IRA may affect
qualifying energy efficient commercial building property
placed in service after December 31, 2022.
certification; and
Provide information on the person completing the
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allocation.
Eligibility. Commercial building owners, as well as
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Who Must File
designers of energy efficient commercial building property
installed on or in buildings owned by specified tax-exempt
entities are eligible. Specified tax-exempt entities include
government entities, Indian tribal governments (section
30D(g)(9)), Alaska Native corporations (section 3 of the
Alaska Native Claims Settlement Act), and organizations
exempt from tax under chapter 1.
Individuals and business entities that qualify to claim the
deduction for energy efficient property (EEP) placed in
service during the tax year must file Form 7205 to claim
the deduction.
Additional Information
For more information, see section 179D. Also see the
following.
Deduction maximum. The maximum deduction is
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$0.50 per square foot at 25% energy savings increasing at
a rate of 2 cents per percentage point increased to $1.00
per square foot at 50% energy savings (indexed for
inflation).
Notice 2006-52, 2006-26 I.R.B. 1175, available at
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Notice 2008-40, 2008-14 I.R.B. 725, available at
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Notice 2012-26, 2012-17 I.R.B. 847, available at
Increased deduction maximum. For projects meeting
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local prevailing wage and apprenticeship requirements,
the applicable dollar values used in determining the
maximum deduction amount are multiplied by 5 (before
inflation adjustments).
Announcement 2023-1, 2023-3 I.R.B. 422, available at
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Elimination of the partial deduction and the interim
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Definitions
lighting rule. These aspects of the deduction
computation have been removed.
Energy efficient property (EEP). This is property that is
Alternative deduction for energy efficient building
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either:
retrofit property (EEBRP).The section 179D deduction
for EEBRP is effective for property placed in service after
December 31, 2022, in tax years ending after this date, if
the property is placed in service pursuant to a qualified
retrofit plan established after this date. Section 179D
requires the energy use intensity (EUI), defined later, of
the building on or in which EEBRP is installed be certified
by a qualified professional as of any date more than 1 year
after the date the retrofit property is placed in service.
Because of this requirement, the section 179D deduction
for EEBRP is not available in tax years ending on or before
December 31, 2023.
Energy efficient commercial building property (EECBP),
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or
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Energy efficient building retrofit property (EEBRP).
EECBP is property that meets the following criteria:
Is depreciable property;
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Is installed on or in a building located in the United
States, and within the scope of Reference Standard 90.1
(defined below);
Is installed as part of the interior lighting systems,
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heating, cooling, ventilation, and hot water systems, or the
building envelope; and
Jan 19, 2024
Cat. No. 93340H
Is certified as being installed as part of a plan designed
Notice 2008-40, Section 3.04, in order for the designer to
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to reduce the total annual energy and power costs with
respect to the interior lighting systems, heating, cooling,
ventilation, and hot water systems of the building by 25%
or more in comparison to a reference building which
meets the minimum requirements of Reference Standard
90.1.
claim the deduction.
Increased deduction amount. Taxpayers that satisfy
the prevailing wage and apprenticeship requirements with
respect to an installation of EEP (or property installed
pursuant to a qualified retrofit plan) may claim an
increased deduction amount. You may also be eligible to
claim the increased deduction amount if the installation of
the EEP (or property installed pursuant to a qualified
retrofit plan) began before January 29, 2023.
Prevailing wage requirements. To satisfy the
prevailing wage requirements with respect to any EEP (or
property installed pursuant to a qualified retrofit plan), you
must ensure that any laborers and mechanics employed
by you or any contractor or subcontractor in the
installation of the property are paid wages at rates not less
than the prevailing rates for construction, alteration, or
repair of a similar character in the locality in which such
facility is located as most recently determined by the
Secretary of Labor (according to Subchapter IV of
chapter 31 of title 40, U.S. Code).
Apprenticeship requirements. To satisfy the
apprenticeship requirements with respect to any EEP (or
property installed pursuant to a qualified retrofit plan), you
must ensure that, with respect to the installation of the
property, not less than the applicable percentage of the
total labor hours of the installation, construction,
alteration, or repair work (including such work performed
by any contractor or subcontractor) with respect to such
property is, subject to section 45(b)(8)(B), performed by
qualified apprentices (apprenticeship labor hour
requirements).
If the increased deduction amount criteria are met
because the prevailing wage requirement and the
applicable apprenticeship requirements are met, complete
Form 7205 to claim the increased deduction amount for
energy efficient commercial building property placed in
service during the tax year. Attach a statement to your
timely filed income tax return (including extensions). The
statement should include information to establish that you
satisfy the prevailing wage and apprenticeship
requirements.
EEBRP is property installed pursuant to a qualified
retrofit plan that meets the following criteria:
Is depreciable;
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Is installed on or in any qualified building;
Is installed as part of the interior lighting systems,
heating, cooling, ventilation, and hot water systems, or the
building envelope; and
Is certified as being installed according to such plan.
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Reference Standard 90.1. This standard means, with
respect to any property, the more recent of (a) Standard
90.1-2007 published by the American Society of Heating,
Refrigerating, and Air Conditioning Engineers and the
Illuminating Engineering Society of North America, or (b)
the most recent Standard 90.1 published by the American
Society of Heating, Refrigerating, and Air Conditioning
Engineers and the Illuminating Engineering Society of
North America for which the Department of Energy has
issued a final determination and which has been affirmed
by the Secretary, after consultation with the Secretary of
Energy, not later than the date that is 4 years before the
date that such property is placed in service. See
Announcement 2023-1 for the applicable reference
standard.
Building square footage. This is the sum of the floor
areas of the conditioned spaces within the building,
including basements, mezzanine, and
intermediate-floored tiers, and penthouses with headroom
height of 7.5 feet or greater. Building square footage is
measured from the exterior faces of exterior walls or from
the centerline of walls separating buildings, but excludes
covered walkways, open roofed-over areas, porches and
similar spaces, pipe trenches, exterior terraces or steps,
chimneys, roof overhangs, and similar features.
Special Rules
You must maintain and preserve sufficient
Qualified individual. A certification completed by a
qualified individual is required for both building owners
and designers to claim the EECBP deduction. The
certification must meet the requirements specified in
Notice 2006-52, Section 4.
records, including books of account or records for
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CAUTION
work performed by laborers to install the property,
to establish that you satisfied the prevailing wage and
apprenticeship requirements to claim the increased tax
benefit.
A qualified individual is an individual that:
Is not related to the person or entity claiming the
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information on the prevailing wage and apprenticeship
requirements, see Notice 2022-61, 2022-52 I.R.B. 560,
deduction;
Is an engineer or contractor that is properly licensed as
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a professional engineer or contractor in the jurisdiction in
which the building is located; and
Has represented in writing that he or she has the
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requisite qualifications to provide the certification required
Section 4.05.
Specific Instructions
Note. If claiming the EECBP deduction for more than four
properties, complete and attach as many Forms 7205 as
needed to list them. However, complete Part II, line 3 (for
total section 179D deduction) on only one Form 7205. The
line 3 amount on that form should include the combined
Designer. An allocation of the EECBP deduction to the
designer of a building owned by a specified tax-exempt
entity must be in writing and meet the requirements of
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Instructions for Form 7205 (Rev. December 2023)
total for all properties reported on all Forms 7205. See the
instructions for Part II, line 3.
For more information regarding the prevailing wages
Who Is Claiming the Deduction
Line 1, Column (e)
At the top of Form 7205, check the status that applies to
the person claiming the deduction. Check only one
status.
Check the box in column 1(e) only if EEBRP was installed
on or in the building under a qualified retrofit plan. If both
EECBP and EEBRP were installed on or in the same
building, enter the EECBP information on a separate line.
For example, enter EEBRP information for Building 1 on
line 1A and EECBP information for Building 1 on line 1B.
Building Owner. Check the “Building owner” box if you
are the owner of the building and are claiming the
deduction for qualifying property installed on or in your
building.
Designer of energy efficient property (EEP). If EEP is
installed on or in property owned by a specified
tax-exempt entity, the deduction may be allocated to the
person primarily responsible for designing the property in
lieu of the owner of such property. Check the “Designer”
box if all the following are true.
Line 1, Column (f)
compute the total potential amount per square foot. Each
building has a maximum amount per square footage limit
for the 3 tax years immediately preceding the current tax
year. For a building where the deduction is appropriately
allowable to a person other than the building owner, the
building's maximum amount for square footage limit
applies to the 4-tax-year period immediately preceding the
current tax year. Once the limit is reached, no further
section 179D deductions may be taken for the building
during the applicable period. See the instructions for
line 2, column (b), later, for the maximum amount allowed.
You are the person primarily responsible for designing
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the EEP (the designer).
You created the technical specifications for installation
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of the EEP on or in property owned by the specified
tax-exempt entity. A person that merely installs, repairs, or
maintains the property is not a designer.
The specified tax-exempt entity building owner provided
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you a written statement allocating the deduction to you.
Line 1, Column (g)
Enter the building square footage for the property. See the
Part I—Building and EEP Information
Line 1, Column (a)
Enter the name, street address, city or town, state, and
ZIP code of building(s) on or in which the EEP is installed.
Keep buildings separated on lines A, B, C, and D.
Part II—Computation of Energy
Efficient Commercial Buildings
Deduction Amount
Line 1, Column (b)
Enter the date the property was placed in service.
Line 2, Column (a)
Enter the total per square foot dollar amount that was
claimed for the building in the prior 3 (or 4, if applicable)
tax years. The total amount for the building includes the
amount you claimed, and amounts claimed by others,
including previous owners of the building.
Line 1, Column (c)
Enter the appropriate percentage (rounded to two decimal
places):
Energy savings percentage for the applicable
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building systems, computed using the Performance Rating
1. Enter the total deduction for the building claimed
in the prior 3 tax years* by you and/or any other
Energy use intensity (EUI) reduction for a building on
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or in which EEBRP is installed expressed as energy per
square foot per year. EUI is calculated by dividing the total
energy consumed by the building in one year (measured
parties
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1.
2.
3.
2. Enter the amount from Form 7205, line 1,
column (g) for the building .
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3. Divide line 1 by line 2. Enter this amount on Form
7205, line 2, column (a)
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Line 1, Column (d)
*Use a 4-tax-year period if the deduction is
allowable to the designer.
Check the box in column 1(d) only if the following criteria
for the increased deduction amount are met:
Installation of EEP (or property installed pursuant to a
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qualified retrofit plan) began prior to January 29, 2023, or
Laborers and mechanics employed by you or any
Line 2, Column (b)
Subtract line 2, column (a), from the maximum full amount
allowed (from the chart below) for the tax year.
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contractor or subcontractor in the installation of EEP (or
property installed pursuant to a qualified retrofit plan) are
paid wages at rates not less than the prevailing rates for
construction, alteration, or repair of a similar character in
the locality in which such EEP is located as most recently
determined by the Secretary of Labor, and
The maximum amount allowed each year is as follows:
Any applicable apprenticeship requirements are met.
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Instructions for Form 7205 (Rev. December 2023)
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ownership, refer to your ownership or lease agreement to
determine how the amount should be allocated among the
owners. Only enter your allocated portion of the computed
amount per square foot in column (h). It will generally be
your allocated percentage, as defined in the ownership
agreement, multiplied by the greater of column (d) or
column (f).
Tax Year
Maximum Full
Maximum Partial
Amount Allowed
Amount Allowed
All years beginning
before January 1,
2021
$1.80
$0.60
For tax years
beginning on or after
January 1, 2021
$1.82
$0.61
Line 2, Column (j)
For tax years
beginning on or after
January 1, 2022
$1.88
$0.63
Designers. If you are claiming the deduction as the
designer of EEP, you may only claim the amount the
specified tax-exempt entity building owner has allocated
to you on the appropriate allocation documents. Enter the
dollar amount allocated to you as designer on line 2,
column (j).
Maximum Amount
Maximum Amount
Allowed—Line 1(d) Allowed—Line 1(d)
checked
not checked
For tax years
beginning on or after
January 1, 2023
$5.36
$1.07
Line 3. Total Section 179D Deduction
Add the amounts in line 2, column (k). Enter the total on
line 3. Also include the total on the applicable line of your
tax return. For example, if filing Form 1120, include the
total on line 25. Attach Form 7205. See the instructions for
your tax return.
For tax years
beginning on or after
January 1, 2024
$5.65
$1.13
Line 2, Column (d)
If you are claiming the deduction for more than 4
properties, complete as many Forms 7205 as needed to
list them. However, complete line 3 on only one form. That
line 3 amount should include the combined total of all
properties reported on all Forms 7205.
If line 2, column (c), is checked, enter the amount from
line 1, column (h); skip line 2, columns (e) and (f); and go
to column (g). If line 2, column (c), is not checked, enter
zero on line 2, column (d), and go to line 2, column (e).
Line 2, Column (g)
Part III—Certification Information for
Each Property Listed in Part I
Enter the cost of EEP placed in service during the tax
year. The cost of EEP does not include the total cost of the
building or general renovation. It is limited to the cost of
the building systems that make up the EEP. See the
such as ovens and fryers, manufacturing equipment,
elevators or escalators, or exterior lighting.
Enter the information regarding the qualified individual
who completed the certification for each claimed property.
Part IV—Designer Allocation
Information for Each Property Listed
in Part I
If you are a building owner with a partial building
ownership, refer to your ownership or lease agreement to
determine how the expense is to be allocated among the
owners. Only enter your allocated portion of the cost of
EEP placed in service during the year.
Complete this section only if you checked the designer
box at the top of the Form 7205.
Line 2, Column (h)
In column (h), enter the greater of column (d) or column
(f). If you are a building owner with a partial building
Enter the information regarding the specified
tax-exempt entity building owner and the individual
completing the allocation form.
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Instructions for Form 7205 (Rev. December 2023)
Worksheet for Form 7205, Line 1, Column (f) (Complete for each
building)
Keep for Your Records
1.
Enter the percentage from Part I, line 1(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.
2a.
If the % is less than 25%, STOP; you cannot claim the deduction for this building. If the % is
25% or greater, enter the percentage as a decimal, rounded to two decimal places (e.g.
26.22% enter as “0.26”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2a.
2b.
2c.
2b.
2c.
2d.
Subtract 0.25 from line 2a and enter the result here . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Multiply line 2b by 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Add 0.54 to line 2c and enter the result as a dollar amount (e.g. 1.04, enter as
$1.04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2d.
3.
If the amount on line 2d is greater than $1.07, enter $1.07. Otherwise, enter the amount
from line 2d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.
4a.
If the box on Form 7205, line 1, column (d), is checked, enter the amount from line 2b of this
worksheet here. If the box on Form 7205, line 1, column (d), is not checked, skip to line 5
and enter the amount from line 3 of this worksheet on line 5 . . . . . . . . . . . . . . . . . . . . . . . .
4a.
4b.
4b.
4c.
Multiply line 4a by 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Add 2.68 to line 4b and enter the result as a dollar amount (e.g. 5.36, enter as
$5.36) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the amount on line 4c is greater than $5.36, enter $5.36. Otherwise, enter the amount
from line 4c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the box on Form 7205, line 1, column (d), is checked, enter the amount from line 4d of this
worksheet here. If the box on Form 7205, line 1, column (d), is not checked, enter the
amount from line 3 of this worksheet here. Also enter the amount from line 5 on Form 7205,
line 1, column (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4c.
4d.
4d.
5.
5.
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 all other taxpayers who file this form is shown below.
Recordkeeping .
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51 min.
10 min.
Preparing, copying, assembling, and sending the form to the IRS.
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. You can send us comments from IRS.gov/FormComments. Or you can write to the
Internal Revenue Service, Tax Forms and Publications, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224.
Instructions for Form 7205 (Rev. December 2023)
5