KRS 141.437: Tax credit for construction of ENERGY STAR home or sale of ENERGY

STAR manufactured home -- Required verification -- Reports.

(1) As used in this section:

(a) "ENERGY STAR home" means any single -family residence that qualifies for

and receives the ENE RGY STAR label under the ENERGY STAR Program

administered by the United States Environmental Protection Agency; and

(b) "ENERGY STAR manufactured home" means a manufactured home as

defined in KRS 100.348 that meets the ENERGY STAR label under the

ENERGY ST AR Program administered by the United States Environmental

Protection Agency.

(2) For taxable years beginning after December 31, 2008, and before January 1, 2016,

there is hereby created a nonrefundable credit against the tax imposed by KRS

141.040, and KR S 141.0401, with the ordering of credits as provided in KRS

141.0205 if a taxpayer:

(a) Builds a new ENERGY STAR home located in the Commonwealth for use as

a principal place of residence; or

(b) Sells a new ENERGY STAR manufactured home to a buyer who use s that

home as a principal place of residence in the Commonwealth.

(3) The tax credit shall equal:

(a) Eight hundred dollars ($800) if the taxpayer builds an ENERGY STAR home;

or

(b) Four hundred dollars ($400) if the taxpayer sells an ENERGY STAR

manufactured home.

(4) The tax credit provided under this section shall apply in the tax year in which the

taxpayer completes construction of the ENERGY STAR home or sells the

ENERGY STAR manufactured home.

(5) The tax credit provided in this section shall not apply if:

(a) The tax credit has been previously taken by another taxpayer on the same

ENERGY STAR home or ENERGY STAR manufactured home; or

(b) The taxpayer has taken the energy efficiency tax credits provided in KRS

141.436.

(6) The department may request verification of the ENERGY STAR label placed on the

home, documentation that the buyer is using the home as a principal place of

residence, and any other information that the department determines is necessary to

verify the tax credits taken.

(7) On or before December 1, 2010, and on or before every December 1 thereafter, the

department shall report to the Legislative Research Commission the total number

and gross amount of each type of credit claimed on returns processed during the

fiscal year ending prior to the December reporting period.