Builders Outlook
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National, State & Local Building Industry News 2015: Issue 12
Tax Extenders Package Includes Key NAHB Priorities President Obama has signed into law a $622 billion tax package that permanently renews certain NAHB housing tax priorities while providing a two-year retroactive renewal for others through the end of tax year 2016. Congress regularly acts annually to extend scores of temporary tax provisions known as tax extenders that are often renewed for only one or two years at a time. This legislation would make many temporary provisions permanent. The tax extenders package includes these key housing provisions:
Major Victory • Low Income Housing Tax Credit. The bill permanently sets the credit rate at 9% for housing credits used for financing new construction and substantial rehabilitation. When credit rates decline, less equity is available for developments, so keeping a permanent minimum 9% floor on federal housing credits is a significant victory for affordable housing. This will provide all developers with muchneeded certainty when planning future projects. NAHB has been working for years to make the 9% minimum credit rate floor permanent. Big Wins • Section 179 Expensing. The tax package permanently extends the small business expensing limitation and phase-out amounts for Section 179. Current law allows small business to immediately write off $25,000 of qualifying property, which is phased out for total investments above $200,000. The bill increases this limit to $500,000 for qualified property with a $2 million phase-out and indexes both for inflation. • Residential Energy Efficiency Tax Credit (25D). Extends through 2021 Section 25D, which provides tax
incentives for installing clean energy technologies such as solar or geothermal. 25D provides a 30% tax credit to consumers for installing qualified power production property. The credit is also uncapped, so all qualifying expenses may be claimed. The bill will extend but phase out the credit for solar starting in 2020, when the credit will fall to 26%, dropping to 22% in 2021, before expiring in 2022.
Wins • Credit for Energy-Efficient New Homes (45L). This provides builders a $2,000 tax credit for exceeding energy standards by 50%. The base energy code is the 2006 International Energy Conservation Code plus supplements. The 45L tax credit is extended through 2016 and can be claimed by both for-sale and for-rent homes of three stories or less, providing the developer has a tax basis in the property at the time of development. Section 45L is expected to save home builders $361 million for tax year 2015. • Credit for Non-business Energy Property (25C): This provision extends through 2016 the 25C tax credit, which provides a credit up to
$500 for consumers installing qualified energy-efficient upgrades. The provision updates the baseline for qualifying components. Section 25C is expected to save home owners who remodel $826 million for tax year 2015.
• Bonus Depreciation. Originally intended as a short-term stimulus item, the bill extends but phases out the bonus depreciation for property acquired and placed in service during 2015 through 2019. The bonus depreciation percentage is 50% for property placed in service in 2015, 2016 and 2017, dropping to 40% in 2018 and 30% in 2019. Bonus depreciation applies to qualified property with a recovery period of 20 years or less.
• Mortgage Insurance Premiums. This provision allows taxpayers, subject to an income cap beginning at $100,000, to deduct premiums paid for private mortgage insurance and FHA/RHA/VA insurance premiums. The deduction of mortgage insurance premiums is extended through 2016 and is expected to save home owners $1.3 billion for tax year 2015.
EPAB Installs New officers The installation of officers and board for 2016 took place at the Marriott Hotel on Friday December 11. A festive crowd of nearly 300 enjoyed the dinner, the drinks, and the presentation of awards before the business got started. “I’m so grateful to the members for coming out to this installation,” said incoming President Carlos Villalobos. “The setting, the food, the whole thing is
really great. I hope I don’t mess up my talk,” Villalobos told the Outlook prior to the installation of officers. This year we were able to say thanks to many who have supported the association over the year and to acknowledge those who passed during the year. We remembered a past president, Zeke Zar, and a great
supporter associate member Jack White, both who did much for the association and will be missed. The event also honored those who did some special little extra such as our advertisers who helped keep the association afloat in some difficult times. The event was opened by incoming board
• Mortgage Debt Forgiveness. This provision would eliminate any taxes home owners might face when renegotiating the terms of a home loan when banks forgive a portion of the outstanding mortgage, particularly in connection with short sales. This applies only to principal residences and through the 2016 calendar year. The exclusion is also modified to debt discharged in 2017 if the discharge is pursuant to a written agreement entered into in 2016. This extension is expected to save home owners $3.3 billion for tax year 2015. • Deduction for Energy-Efficient Commercial Buildings (179D). This provision extends through 2016 a deduction up to $1.80 per square foot for commercial buildings, including multifamily buildings built under the commercial code that meet the baseline ASHRAE 2007 standard.
NAHB provides this information for general guidance only. This information does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind nor should it be construed as such. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers. Before making any decision or taking any action on this information, you should consult a qualified professional adviser to whom you have provided all of the facts applicable to your particular situation or question. None of this tax information is intended to be used nor can it be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer. The information is provided “as is,” with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.
member Gregg Davis with a quick but beautiful invocation. He was followed by patriot John Chaney as he led the group in the Pledge of Allegiance. Our event couldn’t have happened without the support of partners. We’d like to thank our Diamond Partners: Pointe Homes; Foxworth Galbraith; JOBE; HUB International; Century 21 APD; BMC Select; KB Realty YREE; MTI Ready Mix; and GECU. These folks were honored with their Diamond Awards. Our next level of partnerships were our Platinum Partners: HUNT; Stewart Title of El Paso; and Pioneer Bank. And finally our Gold Partners: Rocky Mountain Mortgage; 2-10 Home Buyers Warranty; and Interceramic Tile and Stone Gallery. Our sincere thanks to all these partners for their support of the installation. The rest of the story & photos page 8