Section 179D of the Internal Revenue
Code provides a deduction for an owner of energy efficient
commercial building property that is placed in service during the
taxable year. This notice clarifies and amplifies Notice 2006–52,
2006–1 C.B. 1175. Notice 2006–52 provides a process that allows a
taxpayer who owns a commercial building and installs property as
part of the commercial building’s interior lighting systems,
heating, cooling, ventilation, and hot water systems, or building
envelope to obtain a certification that the property satisfies the
energy efficiency requirements of § 179D(c)(1) and (d) of the
Internal Revenue Code. Notice 2006–52 also provides for a public
list of software programs that may be used in calculating energy
and power consumption for purposes of § 179D. Taxpayers are
required by section 179D (statute) to certify each project for
which they claim the 179D deduction. The Service has not added to
that burden in Notice 2008-40 but simply provided guidance on how
to complete the certification process required by the
statute.
US Code:
26
USC 6103 Name of Law: Confidentiality and disclosure of returns
and return information
US Code: 26
USC 179D Name of Law: Energy efficient commercial buildings
deduction.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.