Yes, if you incur costs for expanding your existing solar system, these costs are eligible for the solar energy credit of 30%.
The IRS defines qualified costs as:
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.
I assume the same applies if you add a completely separate system (additional system) that technically does not "expand" the old original system?
I am being asked to repay (with interest of course) NYS for the $5,000 tax credit I received on my 2018 tax return. The reason stated is I can only receive the credit once. I claimed the credit in 2017 for a system installed and claimed in 2018 for a SEPARATE system. The attorney for NYS is saying the max claim is $5,000 however the letter from NYS tax and finance states "the maximum solar energy system equipment credit PER ELIGIBLE SYSTEM is $5,000.00" DO I have a case here to fight this?
Anyone have an answer? I just got my notice of deficiency and need to decide if I will pay them or fight them :(
The New York credit appears to be limited to $5000 per principal residence. However, I am not a tax attorney and you may want to have your situation reviewed by a professional. If you feel Turbotax's instructions or computations were in error, you can attempt to make a claim under the accuracy guarantee. If accepted, Turbotax will pay the interest and any penalties (you always owe your own correct tax).
This is NY tax law section 606(g-1)
https://codes.findlaw.com/ny/tax-law/tax-sect-606.html
(g-1) Solar energy system equipment credit. (1) General. An individual taxpayer shall be allowed a credit against the tax imposed by this article equal to twenty-five percent of qualified solar energy system equipment expenditures, except as provided in subparagraph (D) of paragraph two of this subsection. This credit shall not exceed three thousand seven hundred fifty dollars for qualified solar energy equipment placed in service before September first, two thousand six, and five thousand dollars for qualified solar energy equipment placed in service on or after September first, two thousand six.
(2) Qualified solar energy system equipment expenditures. (A) The term “qualified solar energy system equipment expenditures” means expenditures for:
(i) the purchase of solar energy system equipment which is installed in connection with residential property which is (I) located in this state and (II) which is used by the taxpayer as his or her principal residence at the time the solar energy system equipment is placed in service;
(ii) the lease of solar energy system equipment under a written agreement that spans at least ten years where such equipment owned by a person other than the taxpayer is installed in connection with residential property which is (I) located in this state and (II) which is used by the taxpayer as his or her principal residence at the time the solar energy system equipment is placed in service; or
(iii) the purchase of power under a written agreement that spans at least ten years whereunder the power purchased is generated by solar energy system equipment owned by a person other than the taxpayer which is installed in connection with residential property which is (I) located in this state and (II) which is used by the taxpayer as his or her principal residence at the time the solar energy system equipment is placed in service.
(B) Such qualified expenditures shall include expenditures for materials, labor costs properly allocable to on-site preparation, assembly and original installation, architectural and engineering services, and designs and plans directly related to the construction or installation of the solar energy system equipment.
(C) Such qualified expenditures for the purchase of solar energy system equipment shall not include interest or other finance charges.
(D) Such qualified expenditures for the lease of solar energy system equipment or the purchase of power under an agreement described in clauses (ii) or (iii) of subparagraph (A) of this paragraph shall include an amount equal to all payments made during the taxable year under such agreement. Provided, however, such credits shall only be allowed for fourteen years after the first taxable year in which such credit is allowed. Provided further, however, the twenty-five percent limitation in paragraph one of this subsection shall only apply to the total aggregate amount of all payments to be made pursuant to an agreement referenced in clauses (ii) or (iii) of subparagraph (A) of this paragraph, and shall not apply to individual payments made during a taxable year under such agreement except to the extent such limitation on an aggregate basis has been reached.
(3) Solar energy system equipment. The term “solar energy system equipment” shall mean an arrangement or combination of components utilizing solar radiation, which, when installed in a residence, produces energy designed to provide heating, cooling, hot water or electricity for use in such residence. Such arrangement or components shall not include equipment connected to solar energy system equipment that is a component of part or parts of a non-solar energy system or which uses any sort of recreational facility or equipment as a storage medium. Solar energy system equipment that generates electricity for use in a residence must conform to applicable requirements set forth in section sixty-six-j of the public service law . Provided, however, where solar energy system equipment is purchased and installed by a condominium management association or a cooperative housing corporation, for purposes of this subsection only, the term “ten kilowatts” in such section sixty-six-j shall be read as “fifty kilowatts.”
(4) Multiple taxpayers. Where solar energy system equipment is purchased and installed in a principal residence shared by two or more taxpayers, the amount of the credit allowable under this subsection for each such taxpayer shall be prorated according to the percentage of the total expenditure for such solar energy system equipment contributed by each taxpayer.
(5) Proportionate share. Where solar energy system equipment is purchased and installed by a condominium management association or a cooperative housing corporation, a taxpayer who is a member of the condominium management association or who is a tenant-stockholder in the cooperative housing corporation may for the purpose of this subsection claim a proportionate share of the total expense as the expenditure for the purposes of the credit attributable to his principal residence.
(6) Grants. For purposes of determining the amount of the expenditure incurred in purchasing and installing solar energy system equipment, the amount of any federal, state or local grant received by the taxpayer, which was used for the purchase and/or installation of such equipment and which was not included in the federal gross income of the taxpayer, shall not be included in the amount of such expenditures.
(7) When credit allowed. The credit provided for herein shall be allowed with respect to the taxable year, commencing after nineteen hundred ninety-seven, in which the solar energy system equipment is placed in service.
(8) Carryover of credit. If the amount of the credit, and carryovers of such credit, allowable under this subsection for any taxable year shall exceed the taxpayer's tax for such year, such excess amount may be carried over to the five taxable years next following the taxable year with respect to which the credit is allowed and may be deducted from the taxpayer's tax for such year or years.
@kwrightmti --
If the second "separate" system you installed was to the same principal residence as the first system, you'd be unable to take a second credit. But if the second system was installed to a new, subsequent principal residence, you'd be OK.
"If all or any part of the credit provided for under this subsection was allowed or carried over from a prior taxable year or years, a taxpayer shall reduce the allowable credit for additional qualifying expenditures in a subsequent tax year by the amount of the credit previously allowed or carried over; provided however that a credit previously allowed or carried over from a prior taxable year or years shall not be taken into account in determining the allowable credit for the purchase and installation of a solar or wind energy system in a subsequent principal residence."
https://codes.findlaw.com/ny/tax-law/tax-sect-606.html
In other words, the State of New York credit is per principal residence, not per system.
I have 13 panels I had installed in 2018 which I received the tax credit on. If I add more panels now, can I claim the tax credit for the new panels as well?
@pnishinaga wrote:
I have 13 panels I had installed in 2018 which I received the tax credit on. If I add more panels now, can I claim the tax credit for the new panels as well?
The Federal Credit is per installation. If you install new panels, you will be eligible for a new 30% credit. It is unclear if "new" includes replacing damaged or worn out equipment, you should consult a professional if part of your job is repair or maintenance for the existing system.
For the New York State credit, there is a maximum of $5000 allowed per residence. If you claimed $4000 before, you maximum new NY credit would be $1000.
Because there are several add-on users to the original question, it is not clear which part of the question you are asking.
Thank you! This is for an installation in California and is for new, additional panels.
you posted at the end of a discussion of the federal and NY credit. I have not researched the rules of any specific California credit, if there is one. You may want to post a new question in the forum.
@Opus 17 wrote: "It is unclear if "new" includes replacing damaged or worn out equipment, you should consult a professional if part of your job is repair or maintenance for the existing system."
The instructions for IRS Form 5695 specifically refer to "original" installation. Repair or replacement costs pretty clearly do not qualify. I'm not sure how the IRS views claims for adding additional solar panels to the original installation, on the same dwelling. This seems to be a gray area. Some websites imply that you can't claim the credit twice on the same home, e.g. this one: Can You Claim Solar Tax Credit Twice? (theimpactinvestor.com)
@TomD8 wrote:
@Opus 17 wrote: "It is unclear if "new" includes replacing damaged or worn out equipment, you should consult a professional if part of your job is repair or maintenance for the existing system."
The instructions for IRS Form 5695 specifically refer to "original" installation. Repair or replacement costs pretty clearly do not qualify. I'm not sure how the IRS views claims for adding additional solar panels to the original installation, on the same dwelling. This seems to be a gray area. Some websites imply that you can't claim the credit twice on the same home, e.g. this one: Can You Claim Solar Tax Credit Twice? (theimpactinvestor.com)
I'm just going off the plain language of IRC 25D, it doesn't even mention "original" installation.
@TomD8 - I am not an expert here, but to me adding 'additional' solar is not a relacement. The additions are 'original'.
Think of it as I do the install in phases. I did half in 2021 (because that is all I could afford) and added additional solar panels in 2022 (because I could now afford it). Both are original installations.
I just wonder if the IRS will see an expansion of an existing system on the same home as an “original” installation.
What would stop a homeowner from installing a partial system today and an additional system a year later on the same home, then claiming both were “original” installations - and claiming two credits? I don’t know the answer.
@TomD8 - I don't know the answer either, but this is from Form 5695 instructions
"Costs. For purposes of both credits, costs are treated as being paid when the original installation of the item is completed"
So if I install the solar in phases, each item is originally installed.... it doesn't say when the SYSTEM is installed; it is when THE ITEM is installed.
further, the instructions state:
Who Can Take the Credits
You may be able to take the credits if you made energy saving
improvements to your home located in the United States in
2021.
it never states installing 'a system'; it states making improvements...... so if I do it in phases, what is the issue?
I’m just being the devil’s advocate here, but using your argument, what would stop a homeowner from breaking down his solar installation into 4 phases, and then claiming 4 credits?
@TomD8 - As long as all 4 installs are 'energy saving improvements' why would that not qualify?
Who Can Take the Credits
You may be able to take the credits if you made energy saving improvements to your home located in the United States in
2021.
The credit is a percentage of what you spend in any event....if it was a hard dollar amount for each install (which could create a motivation for multiple installs), then I could see why that would be problematic.
I don't see where in the instructions the number of installs is limited. But the install has to be 'energy saving improvements'. So I could see multiple installs being problematic if the 1st install doesn't yield energy savings, because you don't get to 'critical mass' until the 3rd install, both assuming each install creates 'energy savings improvements', why can't someone take the credit?
https://www.irs.gov/pub/irs-pdf/i5695.pdf
thoughts?
@NCperson --
All I'm saying is that if I were an IRS auditor (which thank god I'm not), I think I would raise an eyebrow if a homeowner claimed multiple solar credits on the same house. I think that's why the word "original" appears in the Form 5695 instructions. But if somebody wants to try it, more power to them.
@TomD8 I can see your point if the word 'system' was part of the qualification, but it is not. It just says 'energy savings improvements'
on to the next topic!
I see a string on this topic but it hasn't been updated for the 2023 version of ITC. I am considering an installation on my primary residence in 2023. For me, the payback period is extremely important. I am considering two options. One is a 10KWH/yr system and the other is a 15KWH per year system. Can I install a 10K system in 2023, and take the 30% tax credit and the expand it to 15K in 2025 and take the 30% credit on the 5K expansion?
@Hummel4876 wrote:
I see a string on this topic but it hasn't been updated for the 2023 version of ITC. I am considering an installation on my primary residence in 2023. For me, the payback period is extremely important. I am considering two options. One is a 10KWH/yr system and the other is a 15KWH per year system. Can I install a 10K system in 2023, and take the 30% tax credit and the expand it to 15K in 2025 and take the 30% credit on the 5K expansion?
The changes in the inflation reduction act are summarized at the link below. Any language uncertainty regarding expanding an existing system that might have existed was not really modified.
The federal credit is for "solar energy expenditures." It does not discriminate between a virgin installation, an upgrade, or even repairs. I don't see why, based on the law as of today, that adding capacity in a future year would not qualify.