119 STAT. 1032
‘‘(3) refrigerators described in subsection (b)(1)(C)(i), ‘‘(4) refrigerators described in subsection (b)(1)(C)(ii), and ‘‘(5) refrigerators described in subsection (b)(1)(C)(iii). ‘‘(e) LIMITATIONS.— ‘‘(1) AGGREGATE CREDIT AMOUNT ALLOWED.—The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $75,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years. ‘‘(2) AMOUNT ALLOWED FOR 15 PERCENT SAVINGS REFRIGERATORS.—In the case of refrigerators described in subsection (b)(1)(C)(i), the aggregate amount of the credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $20,000,000. ‘‘(3) LIMITATION BASED ON GROSS RECEIPTS.—The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 2 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined. ‘‘(4) GROSS RECEIPTS.—For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ‘‘(f) DEFINITIONS.—For purposes of this section— ‘‘(1) QUALIFIED ENERGY EFFICIENT APPLIANCE.—The term ‘qualified energy efficient appliance’ means— ‘‘(A) any dishwasher described in subsection (b)(1)(A), ‘‘(B) any clothes washer described in subsection (b)(1)(B), and ‘‘(C) any refrigerator described in subsection (b)(1)(C). ‘‘(2) DISHWASHER.—The term ‘dishwasher’ means a residential dishwasher subject to the energy conservation standards established by the Department of Energy. ‘‘(3) CLOTHES WASHER.—The term ‘clothes washer’ means a residential model clothes washer, including a residential style coin operated washer. ‘‘(4) REFRIGERATOR.—The term ‘refrigerator’ means a residential model automatic defrost refrigerator-freezer which has an internal volume of at least 16.5 cubic feet. ‘‘(5) EF.—The term ‘EF’ means the energy factor established by the Department of Energy for compliance with the Federal energy conservation standards. ‘‘(6) PRODUCED.—The term ‘produced’ includes manufactured. ‘‘(7) 2001 ENERGY CONSERVATION STANDARD.—The term ‘2001 energy conservation standard’ means the energy conservation standards promulgated by the Department of Energy and effective July 1, 2001. ‘‘(g) SPECIAL RULES.—For purposes of this section— ‘‘(1) IN GENERAL.—Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. ‘‘(2) CONTROLLED GROUP.— ‘‘(A) IN GENERAL.—All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single producer.
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VerDate 14-DEC-2004
08:19 Oct 26, 2006
PUBLIC LAW 109–58—AUG. 8, 2005
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