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Rule Title: CAPITAL INVESTMENTS FOR QUALIFYING ENERGY CONSERVATION CREDIT
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Department: REVENUE
Chapter: TAX CREDITS
Subchapter: Individual - Energy Conservation Installation Credit
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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42.4.204    CAPITAL INVESTMENTS FOR QUALIFYING ENERGY CONSERVATION CREDIT

(1) The following capital investments are those that exclusively qualify for the conservation of energy credit:

(a) insulation in existing buildings of floors, walls, ceilings, and roofs;

(b) insulation in new construction of floors, walls, ceilings, and roofs, to the extent it exceeds the requirements of the IECC with Montana amendments;

(c) insulation of heating and air conditioning pipes, insulation and sealing of heating, ventilation, and air conditioning (HVAC) ducts, and insulation of hot-water heaters and tanks;

(d) windows that result in reduction of energy consumption;

(e) storm doors;

(f) insulated exterior doors;

(g) caulking and weather stripping except when it is a standard component in the construction or maintenance of the structure such as the chinking and caulking in a log home;

(h) devices which limit the flow of hot water from shower heads and lavatories;

(i) heat recovery ventilators (HRV);

(j) glass fireplace doors installed in an existing conventional fireplace;

(k) exhaust fans used to reduce air conditioning requirements;

(l) replacement of incandescent light fixtures with light fixtures of a more efficient type such as those with electronic ballast and compact or linear fluorescent lamps and LED lights;

(m) lighting controls with cutoff switches to permit selective use of lights;

(n) programmable thermostats;

(o) replacement of an existing domestic water heater or heating or cooling system with:

(i) a new one of the same style or type that has a higher efficiency rating, whether or not the new water heater or heating or cooling system meets or exceeds the established standards for new construction provided in ARM 42.4.206; and

(ii) a new one that is of a different style or type that exceeds the requirements for new construction provided in ARM 42.4.206, but only for the additional cost of exceeding the standard; and

(p) installation as part of new construction of a water heater or heating or cooling system that exceeds established standards for new construction provided in ARM 42.4.206(1)(c), but only for the additional cost of exceeding the standard.

(2) If the new system described in (1)(o) differs in style or type from the previous system, such as, if one or more window air-conditioning units is replaced with a central air system, the new system must exceed the requirement in ARM 42.4.206(1)(c). If the replacement system exceeds the established standards, only the additional cost shall be considered when computing the credit.

(3) For capital investments made on or after July 1, 2010, the items listed in (1)(a) through (p) must meet or exceed the standards as described in ARM 42.4.209. The new construction provisions described in (1)(o)(ii) and (1)(p) are not applicable to investments made on or after July 1, 2010.

History: 15-1-201, 15-32-105, MCA; IMP, 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA; NEW, 1977 MAR p. 972, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD and TRANS, from ARM 42.15.432, 2002 MAR p. 3705, Eff. 12/27/02; TRANS, from ARM 42.4.131, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2006 MAR p. 357, Eff. 2/10/06; AMD, 2008 MAR p. 387, Eff. 2/29/08; AMD 2009 MAR p. 459, Eff. 5/1/09; AMD, 2010 MAR p. 1406, Eff. 6/11/10; AMD, 2014 MAR p. 2657, Eff. 10/24/14.


 

 
MAR Notices Effective From Effective To History Notes
42-2-913 10/24/2014 Current History: 15-1-201, 15-32-105, MCA; IMP, 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA; NEW, 1977 MAR p. 972, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD and TRANS, from ARM 42.15.432, 2002 MAR p. 3705, Eff. 12/27/02; TRANS, from ARM 42.4.131, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2006 MAR p. 357, Eff. 2/10/06; AMD, 2008 MAR p. 387, Eff. 2/29/08; AMD 2009 MAR p. 459, Eff. 5/1/09; AMD, 2010 MAR p. 1406, Eff. 6/11/10; AMD, 2014 MAR p. 2657, Eff. 10/24/14.
42-2-826 6/11/2010 10/24/2014 History: 15-1-201, 15-32-105, MCA; IMP, 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA; NEW, 1977 MAR p. 972, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD and TRANS, from ARM 42.15.432, 2002 MAR p. 3705, Eff. 12/27/02; TRANS, from ARM 42.4.131, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2006 MAR p. 357, Eff. 2/10/06; AMD, 2008 MAR p. 387, Eff. 2/29/08; AMD 2009 MAR p. 459, Eff. 5/1/09; AMD, 2010 MAR p. 1406, Eff. 6/11/10.
42-2-802 5/1/2009 6/11/2010 History: 15-1-201, 15-32-105, MCA; IMP, 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA; NEW, 1977 MAR p. 972, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD and TRANS, from ARM 42.15.432, 2002 MAR p. 3705, Eff. 12/27/02; TRANS, from ARM 42.4.131, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2006 MAR p. 357, Eff. 2/10/06; AMD, 2008 MAR p. 387, Eff. 2/29/08; AMD 2009 MAR p. 459, Eff. 5/1/09.
42-2-790 2/29/2008 5/1/2009 History: 15-1-201, 15-32-105, MCA; IMP, 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA; NEW, 1977 MAR p. 972, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD and TRANS, from ARM 42.15.432, 2002 MAR p. 3705, Eff. 12/27/02; TRANS, from ARM 42.4.131, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2006 MAR p. 357, Eff. 2/10/06; AMD, 2008 MAR p. 387, Eff. 2/29/08.
2/10/2006 2/29/2008 History: 15-32-105, MCA; IMP, 15-32-105, 15-32-109, MCA; NEW, 1977 MAR p. 972, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD and TRANS, from ARM 42.15.432, 2002 MAR p. 3705, Eff. 12/27/02; TRANS, from ARM 42.4.131, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2006 MAR p. 357, Eff. 2/10/06.
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