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Level 2
June 6, 2019
Solved

Does the installation cost of a solar panel system qualify for the 30% tax credit for a residential rental property?

  • June 6, 2019
  • 20 replies
  • 104 views

I own a home that I rent out for residential use.  I am considering converting the home to solar power with roof panels.  The installer says that the solar system qualifies for the 30% federal tax energy credit.  However, tax literature is confusing on this subject as, some, but not all, reports indicate that solar power installation for residential rental property does not qualify for the 30% federal tax credit; rather, the installation expense should be depreciated over 5 years as a business expense.  Thus my question:  does solar panel installation for rental property qualify for the 30% federal energy tax credit, or is installation cost a business expense to be depreciated over 5 years?

Best answer by TomD8

If you're eligible for the solar tax credit, yes, the installation costs are included.

Sec. 25D provides a solar tax credit to an individual taxpayer when the panels are installed for use in the taxpayer's residence. Under Secs. 25D(d)(1) and (2), solar water-heating panels and solar electric (photovoltaic) panels must be installed for use in a dwelling located in the United States and used as a residence by the taxpayer. Thus, Sec. 25D does not allow a credit when solar panels are installed for use in a residential rental property the taxpayer owns.

In Notice 2013-70, which provides guidance on Sec. 25D, the IRS further clarified this issue. Question 6 in the notice asks whether the credit is available for improvements made to a second home, for example, a vacation home or an investment property. In its answer, the IRS specifically states that while the credit may be taken for solar panels installed for use in a vacation home, the taxpayer may not claim the Sec. 25D credit for expenditures for improvements made to an investment property, such as rental property, that is not also used as a residence by the taxpayer.

https://turbotax.intuit.com/tax-tips/going-green/federal-tax-credit-for-solar-energy/L7s9ZiB4D

[Edited]  For rental/investment property, instead of the solar credit you may be eligible to take an Investment Credit (IRS Form 3468).  See page 4 of this IRS reference:  https://www.irs.gov/pub/irs-pdf/i3468.pdf


20 replies

TomD8Alumni - ChampAnswer
Alumni - Champ
June 6, 2019

If you're eligible for the solar tax credit, yes, the installation costs are included.

Sec. 25D provides a solar tax credit to an individual taxpayer when the panels are installed for use in the taxpayer's residence. Under Secs. 25D(d)(1) and (2), solar water-heating panels and solar electric (photovoltaic) panels must be installed for use in a dwelling located in the United States and used as a residence by the taxpayer. Thus, Sec. 25D does not allow a credit when solar panels are installed for use in a residential rental property the taxpayer owns.

In Notice 2013-70, which provides guidance on Sec. 25D, the IRS further clarified this issue. Question 6 in the notice asks whether the credit is available for improvements made to a second home, for example, a vacation home or an investment property. In its answer, the IRS specifically states that while the credit may be taken for solar panels installed for use in a vacation home, the taxpayer may not claim the Sec. 25D credit for expenditures for improvements made to an investment property, such as rental property, that is not also used as a residence by the taxpayer.

https://turbotax.intuit.com/tax-tips/going-green/federal-tax-credit-for-solar-energy/L7s9ZiB4D

[Edited]  For rental/investment property, instead of the solar credit you may be eligible to take an Investment Credit (IRS Form 3468).  See page 4 of this IRS reference:  https://www.irs.gov/pub/irs-pdf/i3468.pdf


**Answers are correct to the best of my ability but do not constitute tax or legal advice.
Level 13
June 6, 2019

I can't find it now, but I would say YES, the installation cost qualifies to be part of the credit.

The credit for solar power for a business/rental property is part of the Investment Tax Credit on Form 3468 (tax Code §48).   It is a parallel of the personal tax credit in Section 25D, and I have read somewhere that the same rules for installation apply (and the installation costs are specially included for the personal credit, so they should also be included for the business/rental credit).

Alumni - Champ
June 6, 2019
You may be able to take a credit of 30% of your costs of
qualified solar electric property, solar water heating property,
small wind energy property, geothermal heat pump property,
and fuel cell property. Include any labor costs properly allocable
to the onsite preparation, assembly, or original installation of the
residential energy efficient property and for piping or wiring to
interconnect such property to the home.
<a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/i5695.pdf">https://www.irs.gov/pub/irs-pdf/i5695.pdf</a>
Carl
Level 11
Level 11
August 23, 2019

First some clarification.

Tax credit: Lowers your tax liability dollar for dollar. So if your tax liability on line 11 of the 1040 is say, $1000 and you have a $300 tax credit, that changes your tax liability to $700.

Tax Deduction: Lowers the amount of your income that is taxes. So if you have $10,000 of income taxed at 10% that means your tax liability is $1000. Then ifyou have a 10% tax deduction that reduces the taxable income to $9,000 and your tax liability is $900.

To answer your question, no you can not take the 30% solar tax credit on the property because it's not your primary residence. Period. However, if certain conditions are met you may qualify for the investment credit (IRS Form 3468)  Instructions on page 4 at https://www.irs.gov/pub/irs-pdf/i3468.pdf

 

Level 2
October 11, 2019

Sec 25D(d)(2) clearly has no requirement that the credit only applies to your primary or main residence. 

 

(d) (2)Qualified solar electric property expenditure

The term “qualified solar electric property expenditure” means an expenditure for property which uses solar energy to generate electricity for use in a dwelling unit located in the United States and used as a residence by the taxpayer.

 

Also form 5695 Residential Energy Credit states that the home doesn't have to be the taxpayers main home.

 

Qualified solar electric property costs. Qualified solar
electric property costs are costs for property that uses solar
energy to generate electricity for use in your home located in the
United States. No costs relating to a solar panel or other
property installed as a roof (or portion thereof) will fail to qualify
solely because the property constitutes a structural component
of the structure on which it is installed. The home doesn't have to
be your main home.

Level 2
January 1, 2020

You're talking about two separate things. The credit reduces your total cost, and the net cost after the credit is what you would depreciate over 5 years, so you can actually do both.  By the way, the original question was a bit confusing, since he may have been referring to labor to install  instead of the total cost for materials and labor.  Regardless, when calculating amounts to depreciate or for the credit, include all costs: materials, labor, any permit fees, etc.

I'd like to refer to a 10/19/17  article in the newsletter "Tax Advisor " by Kenton D. Swift, CPA, Ph.D.

 

"....there continues to be confusion about whether the 30% solar energy tax credit on the cost of installing solar panels is available when the panels are used in residential rental properties the taxpayer owns. At least part of the confusion is because solar energy tax credits are available under two separate Code sections, Sec. 25D and Sec. 48.

Residential solar credit

Sec. 25D provides a solar tax credit to an individual taxpayer when the panels are installed for use in the taxpayer's residence. Under Secs. 25D(d)(1) and (2), solar water-heating panels and solar electric (photovoltaic) panels must be installed for use in a dwelling located in the United States and used as a residence by the taxpayer. Thus, Sec. 25D does not allow a credit when solar panels are installed for use in a residential rental property the taxpayer owns.

In Notice 2013-70, which provides guidance on Sec. 25D, the IRS further clarified this issue. Question 6 in the notice asks whether the credit is available for improvements made to a second home, for example, a vacation home or an investment property. In its answer, the IRS specifically states that while the credit may be taken for solar panels installed for use in a vacation home, the taxpayer may not claim the Sec. 25D credit for expenditures for improvements made to an investment property, such as rental property, that is not also used as a residence by the taxpayer.

Business credit

While Sec. 25D does not allow a solar tax credit for the cost of installing solar panels for use in residential rental property, Sec. 48 is more favorable. Sec. 48 provides for a solar energy tax credit for the installation of solar panels as part of the general business credit under Sec. 38. Under Sec. 48(a)(5)(D), property that is eligible for the general business credit is tangible property for which depreciation is allowable. Solar panels installed for use in residential rental property meet this requirement.

This is not quite the end of the story, however. Under Sec. 50(b)(2), business credits are generally not available for property that is used predominantly to furnish lodging. At first glance, this subsection would appear to prevent solar panels installed for use in residential rental property from being eligible for a business credit.

A further reading of Sec. 50(b)(2), however, indicates that the restriction on the availability of the general business credit for property used to furnish lodging does not apply to "any energy property" (Sec. 50(b)(2)(D)). Sec. 48(a)(3)(A)(i) defines equipment that uses solar energy to generate electricity or to heat or cool a structure as energy property, as long as it is not used to heat a swimming pool.

The result is that solar panels installed on residential rental property the taxpayer owns should be eligible for a solar tax credit under Sec. 48, assuming other requirements for the credit are met. This is good news for taxpayers hoping to take advantage of the 30% tax credit for the cost of solar panels installed on residential rental property.

 

https://www.thetaxadviser.com/newsletters/2017/oct/credit-residen[product key removed]s.html

 

 

Level 2
February 20, 2021

Like many people have said here, you can get the credit, but it will be an ITC credit and not the typical solar credit folks are using for their primary residence. Percentage is going to be the same (26% for 2020-2022). 

You can also deduct 87% of the cost as a deduction (list as an “asset” for your rental property, select “appliances” and add 87% of what you paid for it). The depreciation will apply over the next 5 years, and it becomes a gift that keeps on giving. 

The ROI on solar actually tends to be even better on rental properties, because you get to deduct this depreciation on top of the ITC credit. Plus, it increases the rental value of the home in comparison to homes that do not have solar. In fact, as inflation and utilities go up in price (8% in California this year), you have a fixed cost and can split the savings with your tenants/make a profit/payoff faster as a result.