### Question
How does Determination of Tax Liability define energy property?


### Answer
Under *26 U.S.C. § 48*, **energy property** is defined as:

> any property—


(A) which is—


(i) equipment which uses solar energy to generate electricity, to heat or cool (or provide hot water for use in) a structure, or to provide solar process heat, excepting property used to generate energy for the purposes of heating a swimming pool,


(ii) equipment which uses solar energy to illuminate the inside of a structure using fiber-optic distributed sunlight but only with respect to property the construction of which begins before January 1, 2024,


(iii) equipment used to produce, distribute, or use energy derived from a geothermal deposit (within the meaning of section 613(e)(2)), but only, in the case of electricity generated by geothermal power, up to (but not including) the electrical transmission stage,


(iv) qualified fuel cell property or qualified microturbine property,


(v) combined heat and power system property,


(vi) qualified small wind energy property,


(vii) equipment which uses the ground or ground water as a thermal energy source to heat a structure or as a thermal energy sink to cool a structure, but only with respect to property the construction of which begins before January 1, 2024, or


(viii) waste energy recovery property,


  

(B)(i) the construction, reconstruction, or erection of which is completed by the taxpayer, or


(ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer,


(C) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and


(D) which meets the performance and quality standards (if any) which—


(i) have been prescribed by the Secretary by regulations (after consultation with the Secretary of Energy), and


(ii) are in effect at the time of the acquisition of the property

#### Citation:
  - *26 U.S.C. § 48*
  - Heading: **Subtitle A-Income Taxes > CHAPTER 1-NORMAL TAXES AND SURTAXES > Subchapter A-Determination of Tax Liability > PART IV-CREDITS AGAINST TAX > Subpart E-Rules for Computing Investment Credit**

