701—304.47(422) Geothermal heat pump tax credit. For tax years beginning on or after January 1, 2019, but before January 1, 2024, a geothermal heat pump tax credit is available for residential property located in Iowa as provided in Iowa Code section 422.12N and this rule. Information relating to Iowa geothermal tax credits available for tax years prior to January 1, 2019, can be found in prior versions of this rule. Prior versions of the Iowa Administrative Code are located here: www.legis.iowa.gov/law/administrativeRules/agencies.
	304.47(1) Eligibility for the credit. To be eligible for the credit described in this rule, all of the following requirements must be met:
	a. 	The geothermal heat pump must be eligible for the federal residential energy efficient property tax credit provided in Section 25D(a)(5) of the Internal Revenue Code.
	b. 	The taxpayer must claim the federal residential energy efficient property tax credit provided in Section 25D(a)(5) of the Internal Revenue Code.
	c. 	The geothermal heat pump must be installed on residential property located in Iowa and placed in service on or after January 1, 2019, but before January 1, 2024. In determining whether this requirement is met, the term “placed in service” has the same meaning as used in Section 25D of the Internal Revenue Code.
	d. 	The taxpayer must submit a timely and complete application to the department in accordance with subrule 304.47(4).
	304.47(2) Calculation of the credit.
	a. 	The credit is equal to 20 percent of the federal residential energy efficient property tax credit allowed for geothermal heat pumps provided in Section 25D(a)(5) of the Internal Revenue Code. Thus, the Iowa credit rate equals the following percentage of the qualified geothermal heat pump property expenditures:
	(1)	For property placed in service during calendar year 2019, 6 percent.
	(2)	For property placed in service during calendar year 2020 or 2021, 5.2 percent.
	(3)	For property placed in service during calendar year 2022 or 2023, 6 percent.
	b. 	This credit expires on January 1, 2024.
	304.47(3) Tax credit award program limitations. No more than $1 million in geothermal heat pump tax credits will be issued per calendar year. If the annual tax credit allocation cap is not reached, the remaining amount below the cap shall be made available for the following tax year in addition to, and cumulated with, the cap for that year. The credit will not be available for installations on or after January 1, 2024, even if the previous year’s cap was not met.
	304.47(4) How to apply for the credit—waitlist.
	a. 	In general. Timely and complete applications shall be reviewed and approved on a first-come, first-served basis. Applications for the tax credit shall be submitted through the tax credit submission system, which applicants may access through the department’s website.
	b. 	Application deadline. The application must be filed by May 1 of the year following the year of the installation of the geothermal heat pump.
	c. 	Contents of the application. The application must contain the following information:
	(1)	Name, address, and federal identification number of the taxpayer.
	(2)	Date of installation of the geothermal heat pump. This is the same as the date the installation was placed in service by the taxpayer.
	(3)	Copies of invoices or other documents showing the cost of the geothermal heat pump.
	(4)	Amount of federal income tax credit claimed for the geothermal heat pump.
	(5)	Amount of Iowa tax credit requested.
	(6)	Any other information requested by the department in order to verify eligibility for or amount of the Iowa tax credit requested.
	d. 	Waitlist.
	(1)	If the department receives applications for tax credits in excess of the annual aggregate award limitation, the department shall establish a waitlist for the next year’s allocation of tax credits. Valid and complete applications will be placed on the waitlist in the order they are received by the department. However, in the event the department denies an application or part of an application, and upon appeal by the taxpayer a previously denied tax credit amount is allowed, the date the appeal is closed will be used to determine the placement of the allowed tax credit amount on the waitlist. Waitlisted applications are reviewed and, if approved, funded in the order they are listed on the waitlist. Only valid applications filed by the taxpayer by May 1 of the year following the year the geothermal heat pump was installed shall be eligible for the waitlist.
	(2)	If the annual aggregate cap is reached for the final year in which the federal credit is available, no applications will be carried over to the next year. Therefore, any geothermal heat pump tax credit request related to an installation completed prior to January 1, 2024, that does not receive a tax credit award by the time the 2023 aggregate award limitation is met shall expire and shall not be carried over on the waitlist to any future year.
	(3)	Placement on a waitlist shall not constitute a promise binding the state that persons placed on the waitlist will actually receive the credit in a future year. The availability of a tax credit and approval of a tax credit application pursuant to this rule in a future year is contingent upon the availability of tax credits in that particular year.
	304.47(5) Claiming the tax credit.
	a. 	Certificate issuance. If the application is approved, the department will send a letter to the taxpayer including the amount of the tax credit and providing a tax credit certificate.
	b. 	Claiming the tax credit. The geothermal heat pump tax credit will be claimed on Form IA 148, Tax Credits Schedule. The taxpayer must include with any Iowa tax return claiming the geothermal heat pump tax credit federal Form 5695, Residential Energy Credits.
	c. 	Nonrefundable. Any credit in excess of the taxpayer’s tax liability is nonrefundable.
	d. 	Carryforward. Any tax credit in excess of the taxpayer’s tax liability for the tax year may be credited to the taxpayer’s tax liability for the following ten years or until depleted, whichever is earlier.
	e. 	Nontransferable. The tax credit may not be transferred to any other person.
This rule is intended to implement Iowa Code section 422.12N.
[ARC 5589C, IAB 4/21/21, effective 5/26/21; Editorial change: IAC Supplement 11/2/22; ARC 6903C, IAB 2/22/23, effective 3/29/23]