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Energy Incentives · Brief · Working level

Section 45L for multifamily: amounts, paths, and who claims

Multifamily units earn a 45L credit of $500 (ENERGY STAR) or $1,000 (Zero Energy Ready) per unit at base rates — rising to $2,500 or $5,000 with prevailing wage compliance. The developer with an ownership interest during construction claims it, not the fee builder.

By The Carryforward Desk3 min read · April 29, 2026

For multifamily projects, Section 45L is a per-unit credit with a fivefold wage multiplier: $500 per unit for ENERGY STAR Multifamily New Construction (MFNC) certification or $1,000 for DOE Zero Energy Ready Home (ZERH) certification at base rates, rising to $2,500 and $5,000 per unit where prevailing wage requirements were met during construction. The claimant is the developer that owned the project during construction — not the fee contractor — and the credit arises unit by unit as units are first leased or sold, through the June 30, 2026 acquisition cutoff.

The per-unit math

On multifamily deals the prevailing wage decision dominates the certification-tier decision.

45L credit on a 200-unit multifamily project, by path$

Per-unit statutory amounts times 200 units. Prevailing wage compliance multiplies base amounts fivefold; ZERH doubles the ENERGY STAR tier.

The prevailing wage requirement is 45L's only labor condition — Davis-Bacon rates for laborers and mechanics, with a correction-and-penalty cure for shortfalls, but no apprenticeship hour requirement, a deliberate divergence from 179D. The IRS's 45L page and Notice 2023-65 carry the operative guidance. Because the wage decision must be implemented in subcontracts and certified payrolls from the first day of construction, it is effectively irreversible after the fact: a completed project without wage records is a base-rate project.

MFNC versus ZERH

Both paths run through program certification, not tax modeling. ENERGY STAR Multifamily New Construction is the volume path — envelope, systems, and testing requirements administered through EPA's program with a rater or verifier engaged from design; the applicable program version depends on region and acquisition date, per the ENERGY STAR 45L pages. ZERH layers additional requirements — typically including solar-readiness and stricter envelope and ventilation specs — and doubles the credit. Whether ZERH pencils is project-specific: on a wage-compliant deal the extra $2,500 per unit often justifies the incremental construction cost; on a base-rate deal the extra $500 per unit frequently does not. The certification workflow itself, including multifamily sampling protocols, is covered in our 45L certification brief.

One structural boundary: 45L reaches multifamily buildings of any height post-IRA, but buildings four stories or more may also be studying Section 179D — the two can coexist on the same building for different taxpayers and different property, though the analysis should be coordinated.

Developer versus contractor eligibility

Section 45L(a) gives the credit to the eligible contractor: the person who constructed the qualified home and had an ownership interest in it during construction. On the standard multifamily structure — developer LP or LLC owns the dirt, fee GC builds under an AIA contract — the developer entity is the eligible contractor and the GC is not, whatever its name suggests. Partnerships pass the credit through to partners; the basis-reduction rule applies at the entity, though the IRA's carve-out preserves LIHTC eligible basis. Where a vertically integrated builder self-performs through affiliates, the credit still follows ownership during construction, so intercompany structure matters and is worth confirming before certification fees are spent.

Timing is per unit: each unit generates its credit in the year first acquired — leased or sold for residential use — which for a lease-up spanning 2025 into 2026 splits the credit across years and, critically, strands any unit first leased after June 30, 2026 with no credit at all. The claim goes on Form 8908 as a general business credit, with the credit-versus-deduction arithmetic firmly favoring the credit despite the basis reduction.

Frequently asked questions

How much is the 45L credit per multifamily unit?
At base rates, $500 per unit for ENERGY STAR Multifamily New Construction certification and $1,000 per unit for DOE Zero Energy Ready Home certification. If prevailing wage requirements were met for laborers and mechanics during construction, the amounts rise to $2,500 and $5,000 per unit. The credit applies per dwelling unit acquired on or before June 30, 2026.
Does 45L require apprenticeship compliance for the higher multifamily amounts?
No. Unlike Section 179D and most Inflation Reduction Act credits, Section 45L's multiplier turns on prevailing wage only — Davis-Bacon-rate wages paid to laborers and mechanics constructing the project. There is no apprenticeship labor-hour requirement. Wage shortfalls can generally be cured through correction payments to workers plus penalties to the IRS.
Can a general contractor claim the 45L credit on an apartment project?
Generally not. The credit belongs to the eligible contractor — the person who constructed the home and had an ownership interest in it during construction. On a typical multifamily deal that is the developer entity that owns the project, not the fee general contractor building it under contract. A GC with no ownership interest during construction has no claim.

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