§ 45M. Energy efficient appliance credit
(a)
General rule
(1)
In general
For purposes of section
38, the energy efficient appliance credit determined under this section for any taxable year is an amount equal to the sum of the credit amounts determined under paragraph (2) for each type of qualified energy efficient appliance produced by the taxpayer during the calendar year ending with or within the taxable year.
(b)
Applicable amount
For purposes of subsection (a)—
(1)
Dishwashers
The applicable amount is—
(A)
$45 in the case of a dishwasher which is manufactured in calendar year 2008 or 2009 and which uses no more than 324 kilowatt hours per year and 5.8 gallons per cycle,
(B)
$75 in the case of a dishwasher which is manufactured in calendar year 2008, 2009, or 2010 and which uses no more than 307 kilowatt hours per year and 5.0 gallons per cycle (5.5 gallons per cycle for dishwashers designed for greater than 12 place settings),
(C)
$25 in the case of a dishwasher which is manufactured in calendar year 2011 and which uses no more than 307 kilowatt hours per year and 5.0 gallons per cycle (5.5 gallons per cycle for dishwashers designed for greater than 12 place settings),
(2)
Clothes washers
The applicable amount is—
(A)
$75 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 which meets or exceeds a 1.72 modified energy factor and does not exceed a 8.0 water consumption factor,
(B)
$125 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 or 2009 which meets or exceeds a 1.8 modified energy factor and does not exceed a 7.5 water consumption factor,
(C)
$150 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009, or 2010 which meets or exceeds [1] 2.0 modified energy factor and does not exceed a 6.0 water consumption factor,
(D)
$250 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009, or 2010 which meets or exceeds [1] 2.2 modified energy factor and does not exceed a 4.5 water consumption factor,
(E)
$175 in the case of a top-loading clothes washer manufactured in calendar year 2011 which meets or exceeds a 2.2 modified energy factor and does not exceed a 4.5 water consumption factor, and
(3)
Refrigerators
The applicable amount is—
(A)
$50 in the case of a refrigerator which is manufactured in calendar year 2008, and consumes at least 20 percent but not more than 22.9 percent less kilowatt hours per year than the 2001 energy conservation standards,
(B)
$75 in the case of a refrigerator which is manufactured in calendar year 2008 or 2009, and consumes at least 23 percent but no more than 24.9 percent less kilowatt hours per year than the 2001 energy conservation standards,
(C)
$100 in the case of a refrigerator which is manufactured in calendar year 2008, 2009, or 2010, and consumes at least 25 percent but not more than 29.9 percent less kilowatt hours per year than the 2001 energy conservation standards,
(D)
$200 in the case of a refrigerator manufactured in calendar year 2008, 2009, or 2010 and which consumes at least 30 percent less energy than the 2001 energy conservation standards,
(c)
Eligible production
The eligible production in a calendar year with respect to each type of energy efficient appliance is the excess of—
(d)
Types of energy efficient appliance
For purposes of this section, the types of energy efficient appliances are—
(e)
Limitations
(1)
Aggregate credit amount allowed
The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $25,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years beginning after December 31, 2010.
(2)
Amount allowed for certain refrigerators and clothes washers
Refrigerators described in subsection (b)(3)(F) and clothes washers described in subsection (b)(2)(F) shall not be taken into account under paragraph (1).
(3)
Limitation based on gross receipts
The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 4 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined.
(f)
Definitions
For purposes of this section—
(2)
Dishwasher
The term “dishwasher” means a residential dishwasher subject to the energy conservation standards established by the Department of Energy.
(3)
Clothes washer
The term “clothes washer” means a residential model clothes washer, including a commercial residential style coin operated washer.
(4)
Top-loading clothes washer
The term “top-loading clothes washer” means a clothes washer which has the clothes container compartment access located on the top of the machine and which operates on a vertical axis.
(5)
Refrigerator
The term “refrigerator” means a residential model automatic defrost refrigerator-freezer which has an internal volume of at least 16.5 cubic feet.
(6)
Modified energy factor
The term “modified energy factor” means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standard.
(8)
2001 energy conservation standard
The term “2001 energy conservation standard” means the energy conservation standards promulgated by the Department of Energy and effective July 1, 2001.
(g)
Special rules
For purposes of this section—
(1)
In general
Rules similar to the rules of subsections (c), (d), and (e) of section
52 shall apply.
[1] So in original. Probably should be followed by “a”.