The IRS Massive Enterprise and Worldwide Division launched an up to date 53-page Follow Unit in June on the Part 179D Power-Environment friendly Business Buildings Deduction. The aim of this Follow Unit is to function a job help and as a coaching guide on 179D tax deductions for IRS employees and is supposed to supply tips for tips on how to conduct an examination.
Whereas 179D tax deductions profit each industrial constructing house owners and designers of government-owned buildings, the Follow 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 Follow 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 all the time 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 could 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 present constructing that includes energy-efficient industrial constructing property.” Moreover, “an individual that merely installs, repairs or maintains the property isn’t a designer.”
The IRS Follow Unit emphasizes that examiners decide eligibility for the allocation of 179D deductions by acquiring and reviewing contracts to assessment the taxpayer’s tasks in designing energy-efficient authorities constructing property. Design tasks 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 Follow Unit encourages examiners to take a look at stamped or sealed drawings to find out a Designer of Report, 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 verify any materials merchandise put in within the constructing conforms to the design necessities of architects and engineers. These Store Drawings are usually 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 mission.”
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 function within the design could have been extra restricted. Though the Follow Unit doesn’t make any point out of design-build contractors, it’s essential to notice they’re typically contracted for each design providers and building and may typically make the case that they’re eligible designers for 179D tax deductions.
Though a authorities entity typically can decide which designers ought to be allotted 179D tax deductions, the Follow 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 are usually not eligible to allocate 179D deductions to their designers and gives 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 nicely. 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 contemplate penalties for taxpayers if changes warrant them. If a 179D deduction adjustment leads to underpayment or an extreme refund or credit score, IRS brokers are requested to contemplate accuracy-related penalties comparable to these for negligence or substantial underpayment together with penalties for an faulty declare for refund.
Whereas this Follow Unit is supposed to coach and practice IRS employees, it additionally gives tax professionals and taxpayers extra visibility into how the IRS would view 179D deductions below examination. With the development of presidency buildings involving numerous 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.