30 | 16 | | (a) As used in this Code section, the term:12 |
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31 | 17 | | (1) 'Eligible geothermal installation expenses' means expenses incurred by a taxpayer for13 |
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32 | 18 | | a geothermal machinery installation for a residential dwelling that is owned by the14 |
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33 | 19 | | taxpayer.15 |
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34 | 20 | | H. B. 248 (SUB) |
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35 | 21 | | - 1 - 25 LC 50 1178S |
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36 | 22 | | (2) 'Geothermal machinery and equipment' means all controls, tanks, pumps, heat16 |
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37 | 23 | | exchangers, and other equipment used directly and exclusively for a geothermal17 |
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38 | 24 | | machinery installation. Such term excludes any land or structural elements of any18 |
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39 | 25 | | building or any equipment ordinarily contained within a dwelling regardless of a19 |
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40 | 26 | | geothermal machinery installation.20 |
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41 | 27 | | (3) 'Geothermal machinery installation' means the installation of any:21 |
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42 | 28 | | (A) Heat pump that uses the ground or ground water as a thermal energy source to heat22 |
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43 | 29 | | a structure or as a thermal energy sink to cool a structure, together with necessary23 |
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44 | 30 | | geothermal and machinery equipment, which is placed in service on or after24 |
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45 | 31 | | January 1, 2026, and meets or exceeds applicable federal Energy Star requirements on25 |
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46 | 32 | | the date that it is placed in service; or26 |
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47 | 33 | | (B) System that uses the internal heat of the earth as a substitute for traditional energy27 |
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48 | 34 | | sources for water heating or active space heating or cooling, together with necessary28 |
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49 | 35 | | geothermal machinery and equipment, which is placed in service on or after29 |
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50 | 36 | | January 1, 2026, and meets or exceeds applicable federal Energy Star requirements on30 |
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51 | 37 | | the date that it is placed in service.31 |
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52 | 38 | | (b) For taxable years beginning on or after January 1, 2026, a taxpayer shall be allowed32 |
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53 | 39 | | an income tax credit against the tax imposed by Code Section 48-7-20 that is equal to 2533 |
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54 | 40 | | percent of the eligible geothermal installation expenses incurred by the taxpayer for a34 |
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55 | 41 | | dwelling; provided, however, that such tax credit shall only be applied over a period of five35 |
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56 | 42 | | taxable years and shall not exceed $5,000.00 for any taxable year and no amount shall be36 |
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57 | 43 | | allowed or carried forward after such years. A taxpayer shall only be eligible for the tax37 |
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58 | 44 | | credit allowed under this Code section once per dwelling.38 |
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59 | 45 | | (c)(1) In no event shall the aggregate limit of tax credits allowed under this Code section39 |
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60 | 46 | | for any year exceed $2.5 million. In no event shall the total amount of any tax credit40 |
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61 | 47 | | allowed under this Code section for a taxable year exceed the taxpayer's income tax41 |
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62 | 48 | | liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability.42 |
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63 | 49 | | H. B. 248 (SUB) |
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64 | 50 | | - 2 - 25 LC 50 1178S |
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65 | 51 | | (2) Except as provided in subsection (b) of this Code section, no amount of the tax credit43 |
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66 | 52 | | shall be allowed to be carried forward to apply to the taxpayer's succeeding years' tax44 |
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67 | 53 | | liability.45 |
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68 | 54 | | (d) A taxpayer seeking to claim a tax credit pursuant to this Code section shall submit an46 |
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69 | 55 | | application to the department for preapproval of such tax credit in the manner specified by47 |
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70 | 56 | | the department. The department shall preapprove such application within 30 days based48 |
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71 | 57 | | on the order in which properly completed applications were submitted. In the event that49 |
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72 | 58 | | two or more applications were submitted on the same day and the amount of funds50 |
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73 | 59 | | available will not be sufficient to fully fund the tax credits requested, the commissioner51 |
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74 | 60 | | shall prorate the available funds between or among the applicants.52 |
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75 | 61 | | (e) This Code section shall stand repealed and reserved by operation of law on53 |
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76 | 62 | | December 31, 2031."54 |
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77 | 63 | | SECTION 2.55 |
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78 | 64 | | This Act shall become effective on July 1, 2025, and shall be applicable to taxable years56 |
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79 | 65 | | beginning on or after January 1, 2026.57 |
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80 | 66 | | SECTION 3.58 |
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81 | 67 | | All laws and parts of laws in conflict with this Act are repealed.59 |
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82 | 68 | | H. B. 248 (SUB) |
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83 | 69 | | - 3 - |
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