What is the 45L Tax Credit?

The 45L Tax Credit is a federal tax credit designed to reward multifamily developers and homebuilders who take part in constructing energy-efficient homes. The tax credit can be worth up to $5,000 per dwelling unit, depending on the home type, number of stories, and the energy efficiency requirements that are met.

Starting in 2023, the Inflation Reduction Act expanded the 45L tax credit by increasing the credit amount, removing certain restrictions, and making 45L easier to utilize. The credit also now applies to dwelling units within buildings of all sizes. Previously, the credit was limited to a maximum of $2,000 per unit and only dwelling units located within low-rise residential buildings were eligible. Under the new rules, a 100-unit development could result in tax credits totaling $500,000. Call one of our 45L experts today to find out if your development qualifies!

From 2023 to 2032, 45L Tax Credits

• Range from $2,500 to $5,000 when the development is subject to Davis Bacon Wages
• Apply to all multifamily buildings and no longer have a 3-story height restriction
• Can be used simultaneously with the 179D Deduction on all buildings that are four stories or greater
• Are easier to plan for and monetize, given the 10-year extension
• Are more accessible for developments focused on energy-efficiency

Who is Eligible for 45L?

To be eligible to receive the credit, developers must construct or substantially reconstruct qualified energy-efficient homes. They may hire contractors to construct the dwelling units on their behalf but must have basis in the development during its construction. Upon construction completion, eligible developers must also then sell or lease the dwelling units to homeowners or tenants for use as a residence.

How to Claim Section 45L

To claim Section 45L tax credits, eligible developers must obtain a certification from a qualified third-party verifier, like KBKG. The certification involves pre-construction planning and begins prior to construction breaking ground. Milestone inspections and diagnostic testing of the dwelling units are also necessary to meet the requirements under Internal Revenue Code Section 45L.