Overview

Title

To amend the Internal Revenue Code of 1986 to establish a business tax credit for the purchase of zero-emission electric lawn, garden, and landscape equipment, and for other purposes.

ELI5 AI

The "Promoting Reduction of Emissions through Landscaping Equipment Act" is like giving businesses a coupon to buy special lawn and garden tools that don't make as much pollution. It lets them save up to 40% on buying these tools, but only up to $25,000 each year and $100,000 in total over ten years.

Summary AI

The bill, titled the "Promoting Reduction of Emissions through Landscaping Equipment Act," aims to modify the Internal Revenue Code to create a business tax credit for purchasing zero-emission electric equipment used in landscaping, such as lawn mowers and garden tools. This credit would cover 40% of the cost of such equipment, up to $25,000 annually, with a maximum of $100,000 over ten years. The equipment must be powered by clean energy sources like solar or batteries and not by gasoline or diesel. The bill also includes provisions for transferring or opting into the credit and details exceptions in case of bankruptcy or business closure.

Published

2024-03-22
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-03-22
Package ID: BILLS-118s4068is

Bill Statistics

Size

Sections:
3
Words:
1,279
Pages:
7
Sentences:
23

Language

Nouns: 350
Verbs: 79
Adjectives: 55
Adverbs: 4
Numbers: 72
Entities: 71

Complexity

Average Token Length:
3.86
Average Sentence Length:
55.61
Token Entropy:
4.77
Readability (ARI):
27.63

AnalysisAI

The proposed bill, colloquially titled the "Promoting Reduction of Emissions through Landscaping Equipment Act," seeks to amend the Internal Revenue Code of 1986. It introduces a business tax credit aimed at incentivizing the purchase of zero-emission electric equipment used in landscaping. Specifically, this bill focuses on lawn, garden, and landscape tools that operate on eco-friendly energy sources, excluding traditional gasoline and diesel-powered equipment.

General Summary of the Bill

The core objective of the bill is to promote environmental sustainability by offering a financial incentive—a tax credit—for businesses to invest in zero-emission electric landscaping equipment. The credit amounts to 40% of the purchase cost but is capped at $25,000 annually and $100,000 over a ten-year period. This initiative is designed to not only reduce carbon emissions in the landscaping industry but also to encourage the adoption of innovative energy technologies. Eligible equipment must be powered by electricity or alternative clean energy sources as determined by the Secretary, avoiding any gasoline or diesel utilization.

Significant Issues

One of the primary concerns with this bill is the potential for significant revenue loss. By offering a generous tax credit, there is a risk that federal revenues could be notably impacted, which might influence budgetary considerations in other areas of public spending. Furthermore, the bill assigns considerable discretion to the Secretary in identifying alternative zero-emission power sources. This could lead to inconsistent applications and potential favoritism, as the criteria for these energy sources are not clearly defined within the bill itself.

Another issue lies in the structure of the credit system, which could potentially favor larger businesses. Given the annual and aggregate limits, entities with more substantial financial capabilities are positioned to benefit more from the credit, while smaller businesses may find the benefit limited or unattainable due to cost constraints.

Additionally, the complexities involved in elective payments and credit transfers might pose a challenge for taxpayers who are not adept at interpreting intricate tax policies. This complexity can create barriers to access and understanding, particularly for smaller businesses that do not have dedicated tax professionals.

Impact on the Public

Broadly, the bill could contribute positively to environmental efforts by reducing emissions from lawn and garden equipment. It aligns with wider climate action goals and can stimulate demand for sustainable technologies. However, the potential revenue loss for the government poses a risk of reducing available funding for other public services and projects.

Impact on Stakeholders

For manufacturers and businesses in the landscaping supply sector, the bill represents a clear opportunity to expand the market for zero-emission equipment, potentially leading to innovation and growth within the industry. Large businesses and corporations with substantial landscaping needs are likely to benefit significantly from the financial incentives, allowing them to modernize equipment with reduced cost implications.

Conversely, smaller landscaping businesses might struggle to take full advantage of this tax credit due to the financial outlay required before receiving the credit. Their limited purchasing power compared to larger entities could render the advantage less impactful and therefore may not equitably distribute the environmental benefits proposed by this legislation. Additionally, the intricacies surrounding the elective credit payment process could discourage those without expert tax advice from participating fully.

Overall, the bill aims to usher in a more environmentally friendly era for the landscaping industry, but its success and fairness largely depend on the clarity of its provisions and equitable access across diverse business sizes.

Financial Assessment

The proposed legislation, known as the "Promoting Reduction of Emissions through Landscaping Equipment Act," establishes a financial incentive in the form of a tax credit for businesses investing in zero-emission electric landscaping equipment. Under this bill, businesses could claim a credit covering 40% of the purchase cost of such equipment. This financial relief is subject to certain caps, with an annual limit of $25,000 and a cumulative limit of $100,000 over a ten-year period.

Financial Implications

  1. Revenue Loss Concerns: By offering a tax credit, the bill could lead to a reduction in federal revenue if the credit is widely utilized. The maximum potential reduction could reach the $100,000 cap per business over ten years. Given the prevalence of landscaping activities, this initiative might see broad adoption, affecting overall tax revenue and possibly necessitating adjustments in budget allocations or public finance priorities.

  2. Favoritism and Discretion: The bill allows for potential flexibility in what qualifies as zero-emission equipment by relying on alternative power sources that "the Secretary may identify." This clause could lead to inconsistent application or favoritism if such discretion is not uniformly regulated. Companies might leverage this broad interpretation to include certain technologies under the credit, which could affect the anticipated financial outlay.

  3. Potential Inequity for Smaller Businesses: The limitations of $25,000 annually and $100,000 over ten years might inadvertently favor larger businesses that can afford higher initial investments to benefit fully from the credit. Smaller businesses could stand at a disadvantage if unable to scale their investments to the level necessary for maximum credit benefit, thereby raising issues of equity.

  4. Complexity of Elective Payments and Transfers: Provisions allowing for elective payment and transfer of the credit might introduce complexity, which in turn could deter smaller businesses or businesses without sophisticated tax knowledge from fully utilizing the credit. The specific mechanisms of elective payment and credit transfer could thus impact how broadly and effectively the financial incentive is applied.

  5. Exploitation Risks: The bill contains exceptions to recapture of credits for instances like bankruptcy or business dissolution. This aspect might result in exploitation opportunities, where businesses could strategically dissolve or declare bankruptcy to circumvent financial obligations, leading to possible misuse of public funds.

Criteria and Enforcement

The bill emphasizes reliance on regulatory guidance from the Secretary, which might result in unpredictability regarding what qualifies for the credit. Without detailed criteria set forth within the bill itself, there could be significant variance in how the credit is applied and enforced, affecting the financial implications anticipated.

In conclusion, while the bill aims to support environmental goals through financial incentives, it introduces considerations on revenue loss, fairness, complexity, and potential exploitation that merit careful examination and oversight. Addressing these issues will be essential to ensure that the financial burdens and benefits are equitably and effectively managed.

Issues

  • The provision in Section 2 provides a substantial tax credit (up to 40% of the basis) for zero-emission electric lawn, garden, and landscape equipment. This could lead to significant revenue loss if widely adopted, impacting budget allocations and public finance priorities.

  • Section 48F defines what constitutes 'zero-emission electric lawn, garden, and landscape equipment,' but its reliance on 'alternative power sources the Secretary may identify' permits substantial discretion, potentially leading to favoritism or inconsistent application.

  • The annual credit limitation of $25,000 and aggregate limitation of $100,000 over ten years in Section 48F could favor larger entities that afford more equipment within these limits, possibly disadvantaging smaller businesses.

  • The provision allowing elective payment and transfer of credit as specified in Section 2(b) might be complex for taxpayers not well-versed in tax policy, potentially limiting access or understanding.

  • The exception from recapture of credits in cases of bankruptcy or business dissolution in Section 48F(e) might be exploited as loopholes, allowing companies to avoid tax obligations.

  • The broad language regarding 'any zero-emission generator used to charge equipment' and 'any property used to retrofit existing equipment' in Section 48F(c) may permit unintended claims and needs clearer guidelines to prevent misuse.

  • The bill places significant reliance on the Secretary's regulations and interpretations without detailed criteria in Section 48F, which may lead to inconsistent or unpredictable outcomes and interpretations.

  • The Denial of double benefit in Section 48F(d) includes exceptions that might allow circumvention of financial limits using other sections of the tax code, warranting careful scrutiny.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act gives it a short title: it will be known as the "Promoting Reduction of Emissions through Landscaping Equipment Act."

2. Tax credit for zero-emission electric lawn, garden, and landscape equipment Read Opens in new tab

Summary AI

The bill introduces a tax credit for purchasing zero-emission electric lawn, garden, and landscape equipment, offering up to 40% of the equipment's cost with annual and total limits of $25,000 and $100,000, respectively. To qualify, the equipment must run on electricity or other alternative energy sources that produce zero emissions, and it excludes gasoline-powered, diesel-powered, or manually operated tools.

Money References

  • “(b) Limitations.— “(1) ANNUAL LIMITATION.—The amount of any credit determined under subsection (a) for any taxable year may not exceed $25,000.
  • “(2) AGGREGATE LIMITATION.—The aggregate amount of credits determined under subsection (a) for all taxable years within any consecutive 10-year period may not exceed $100,000. “

48F. Zero-emission electric lawn, garden, and landscape equipment credit Read Opens in new tab

Summary AI

The Zero-emission Electric Lawn, Garden, and Landscape Equipment Credit provides a tax credit amounting to 40% of the cost for zero-emission lawn and garden equipment, up to $25,000 per year and $100,000 over ten years. This equipment must be powered by electric motors or alternative zero-emission sources and cannot be gasoline-powered, while no double benefits are allowed except in specific cases like bankruptcy or business dissolution.

Money References

  • (b) Limitations.— (1) ANNUAL LIMITATION.—The amount of any credit determined under subsection (a) for any taxable year may not exceed $25,000. (2) AGGREGATE LIMITATION.—The aggregate amount of credits determined under subsection (a) for all taxable years within any consecutive 10-year period may not exceed $100,000. (c) Zero-Emission electric lawn, garden, and landscape equipment.—For purposes of this section, the term “zero-emission electric lawn, garden, and landscape equipment” means— (1) any equipment which— (A) is— (i) used primarily for lawn, garden, or landscaping purposes, and (ii) powered— (I) by an electric motor drawing current from solar power, chargeable batteries, replaceable batteries, fuel cells, or through electricity drawn through a cord from the electrical power grid, or (II) by such alternative power sources as the Secretary, after consultation with the Principal Deputy Assistant Secretary for the Office of Energy Efficiency and Renewable Energy of the Department of Energy, may identify as generating zero-emissions, and (B) is not powered— (i) by a gasoline or diesel generator, or (ii) solely through manual effort, (2) any zero-emission generator used to charge equipment described in paragraph (1), (3) any battery which— (A) is used to charge or operate equipment described in paragraph (1), and (B) is not included as part of such equipment, and (4) any property used to retrofit existing lawn, garden, or landscaping equipment to allow such equipment to operate without generating emissions. (d) Denial of double benefit.— (1) IN GENERAL.—No credit shall be allowed under subsection (a) with respect to any property for which a deduction or credit is allowed under any other provision of this chapter.