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Energy Generation and Storage: IRA guidance and applications
Explore below to find IRA guidance and applications for energy generation and storage.
Beginning of Construction Safe Harbor Guidance
Beginning of Construction Safe Harbor Guidance IRC 48
Beginning of Construction Safe Harbor Guidance IRC 45
- Notice 2013-29 – Beginning of Construction for Purposes of the Renewable Electricity Production Tax Credit and Energy Investment Tax Credit
- Notice 2013-60 – Clarification of Notice 2013-29
- Notice 2014-46 – Clarification and Modification of Notice 2013-29 and Notice 2013-60
- Notice 2015-25 – Beginning of Construction for Sections 45 and 48
- Notice 2016-31 – Beginning of Construction for Sections 45 and 48
- Notice 2017-04 – Beginning of Construction for Sections 45 and 48
Beginning of Construction Safe Harbor Guidance - Offshore and Federal Lands
- Notice 2021-05 – Beginning of Construction for Sections 45 and 48; Extension of Continuity Safe Harbor for Offshore Projects and Federal Land Projects
Beginning of Construction Safe Harbor Guidance – Misc.
- Notice 2019-43 – Tolling and Extension of Continuity Safe Harbor to Mitigate Significant National Security Concerns
- Notice 2021-41 – Extension of Continuity Safe Harbor to Address Delays Related to COVID-19 and Clarification of the Continuity Requirement
Beginning of Construction Safe Harbor Guidance 45Q
Prevailing Wage, Apprenticeship, and Adder Guidance
U.S. Department of Labor Resources:
Prevailing Wages and Apprenticeship:
- IRS Corrects Proposed Energy Credit Regs on Labor Requirements
- Publication 5855, Prevailing Wage & Registered Apprenticeship Overview
- Announcement: Treasury and IRS issue proposed regulations on prevailing wage and apprenticeship requirements for increased energy credit or deduction amounts
- Notice 2023-38 – Prevailing Wage and Apprenticeship Initial Guidance Under Section 45(b)(6)(B)(ii) and Other Substantially Similar Provisions
- Treasury and IRS announce guidance on wage and apprenticeship requirements for enhanced credits/deductions
- Notice 2022-61 – Provides guidance on the prevailing wage and apprenticeship requirements that generally apply to certain provisions of the Internal Revenue Code , as amended by the Inflation Reduction Act of 2022
- Registered apprenticeship programs can be located using the Office of Apprenticeship's partner finder tool and through the applicable State Apprenticeship Agency
- Increased Credit or Deduction Amounts for Satisfying Certain Prevailing Wage and Registered Apprenticeship Requirements
- Frequently asked questions about the prevailing wage and apprenticeship under the Inflation Reduction Act
Adder Guidance:
Domestic Content:
- Notice 2024-9 – Guidance Proposed for Domestic Content Phaseouts Exceptions
- Notice 2023-102 – IRS provides initial guidance for the domestic content bonus credit
- Notice 2023-38 – Domestic Content Bonus Credit Guidance under Sections 45, 45Y, 48, and 48E
Low Income Community:
- Low-Income Communities Bonus Credit Program Application Portal
- U.S. Department of the Treasury, IRS, and Department of Energy Announce Remarkable Demand for Solar and Wind Energy in Low-Income Communities Thanks to Groundbreaking Inflation Reduction Act Program
- Revenue Procedure 2023-27, Process under § 48(e) of the Internal Revenue Code (Code)1 to apply for an allocation of environmental justice solar and wind capacity limitation (Capacity Limitation)
- Notice 2023-145 – IRS and Treasury issue guidance for owners of solar and wind powered energy facilities in low-income communities for increased energy credit under the Inflation Reduction Act
- Notice 2023-107 – Treasury and IRS provide proposed rules on energy projects for low-income communities
- Notice 2023-26 – Treasury and IRS provide guidance on energy projects for low-income communities
- Notice 2023-17 – Initial Guidance Establishing Program to Allocate Environmental Justice Solar and Wind Capacity Limitation Under Section 48(e) and Proposed Regulations
- Federal Register: Additional Guidance on Low-Income Communities Bonus Credit Program
Energy Community:
- Increased Credit or Deduction Amounts for Satisfying Certain Prevailing Wage and Registered Apprenticeship Requirements; Correction
- IRS Corrects Final Regs on Low-Income Energy Credits
- Frequently asked questions for energy communities
- Notice 2023-118 – IRS, Treasury update Notice 2023-29 related to energy community bonus credit amounts under the Inflation Reduction Act
- Notice 2023-47 – Energy Community Bonus Credit Amounts or Rates Annual Statistical Area Category Update and Coal Closure Category Update
- Notice 2023-45 – Clarifies section 5.02(3) of Notice 2023-29, released in IR-2023-69, which describes requirements for a brownfield site safe harbor for projects with a nameplate capacity of not greater than 5 megawatts (MW) in alternating current (AC). This notice also describes a prior modification that was made via an online update pertaining to the special rule for beginning of construction (BOC) under section 4.01(2) of Notice 2023-29.
- Notice 2023-69 – IRS issues guidance on eligibility requirement for energy communities for the bonus credit program under the Inflation Reduction Act
- Notice 2023-29 – Energy Community Bonus Credit Amounts under the Inflation Reduction Act of 2022
- Appendix A – Treasury/IRS-defined MSAs and non-MSAs for IRA Energy Community Tax Credit Bonus
- Appendix B – MSAs and non-MSAs that meet the Fossil Fuel Employment threshold (unemployment rate requirement yet to be determined)
- Appendix C – Census tracts that have ever had, since December 31, 1999, a closed coal mine or have ever had, since December 31, 2009, a retired coal-fired electric generating unit, and directly adjoining tracts
Elective Payment Direct Pay/Transfer Sales Guidance
Elective Payment Direct Pay
- Energy Credits Pre-Filing Registration Tool Announced
- Announcement 2023-116 – IRS releases guidance on elective payments and transfers of certain credits under the Inflation Reduction Act
- §6417– IRS Technique Guide on Instrumentality
- Direct Pay Pre-filing Temporary regulations
- §6417 – Elective Payment of Applicable Credits
- Federal Register: Section 6417 Elective Payment of Applicable Credits
- IRS Frequently Asked Questions (FAQ) on Elective Payment/Direct Pay - of Tax Credits
- Publication 5817, Elective Pay Overview
- Publication 5817-A, Elective Pay for Rural Electric Cooperatives
- Publication 5817-B, Elective Pay for U.S. Territorial Governments
- Publication 5817-C, Elective Pay for Alaska Native Corporations
- Publication 5817-D, Elective Pay for Tax-Exempt Organizations
- Publication 5817-E, Elective Pay for State and Local Governments
- Publication 5817-F, Elective Pay for Indian Tribal Governments
- Publication 5817-G, Clean Energy Tax Incentives: Elective Pay-Eligible Tax Credits
CHIPS Act IRC §48D Credit
Transfer/Sales Guidance
- Inflation Reduction Act and CHIPS Act of 2022 Pre-filing Registration Tool
- Energy Credits Pre-Filing Registration Tool Announced
- §6418 –Transfer of Certain Credits
- Temporary regulations (RIN 1545-BQ76) setting forth mandatory information and registration requirements for taxpayers monetizing the credits.
- Announcement 2023-116 – IRS releases guidance on elective payments and transfers of certain credits under the Inflation Reduction Act
- Transferability Pre-Filing Temporary Regulations
- IRS Frequently Asked Questions (FAQ) on Transferability of Eligbile Tax Credits
- Frequently asked questions about elective pay and transferability
- Federal Register: Section 6418 Transfer of Certain Credits
- Federal Register: Pre-Filing Registration Requirements for Certain Tax Credit Elections
Credit Specific IRA Guidance
§25C
- §25C – Notice 2024-13 – Part III - Administrative, Procedural, and Miscellaneous
- §25C – 2023 Instructions for Form 5695
- §25C – Residential Home Energy Tax Credits May Benefit You
- §25C – Notice 2023-140 – Home energy audits may qualify for an Energy Efficient Home Improvement Credit
- §25C – Notice 2023-97 – IRS: Going green could help taxpayers qualify for expanded home energy tax credits
- §25C – Publication 5797, Home Energy Tax Credits
- §25C – Frequently asked questions about Energy Efficient Home Improvements and Residential Clean Energy Property Credits
§25D
- §25D – 2023 Instructions for Form 5695
- §25D – Residential Home Energy Tax Credits May Benefit You
- §25D – Notice 2023-97 – IRS: Going green could help taxpayers qualify for expanded home energy tax credits
- §25D – Publication 5797, Home Energy Tax Credits
- §25D – Frequently asked questions about Energy Efficient Home Improvements and Residential Clean Energy Property Credits
- Publication 5724-A, Credit for Clean Vehicles
§25E
- §25E – IRS Issues More Guidance for Manufacturers of Clean Vehicles
- §25E – IRS updates frequently asked questions related to new, previously-owned and qualified commercial clean vehicle credits
- §25E – Notice 2022-231 – IRS releases frequently asked questions about clean vehicles credits for new, previously owned and commercial clean vehicles
- §25E – Notice 2022-218 – Treasury and IRS set out procedures for manufacturers, sellers of clean vehicles
- Publication 5724, Credit for Previously Owned Clean Vehicles
§30D
- §30D – IRS updates frequently asked questions related to new, previously-owned and qualified commercial clean vehicle credits
- §30D – IRS Issues More Guidance for Manufacturers of Clean Vehicles
- §30D – Revenue Procedure 2023-38 - Submission of Information to IRS by Qualified Manufacturers of Clean Vehicles, Previously-Owned Clean Vehicles, and Commercial Clean Vehicles
- §30D – Proposed Clean Vehicle Regs Address Foreign Entities of Concern Previously-Owned Clean Vehicles, and Commercial Clean Vehicles
- §30D – Register your dealership to enable credits for clean vehicle buyers
- Federal Register: Public Inspection: Section 30D New Clean Vehicle Credit
- §30D – Notice 2023-232 – Treasury, IRS issue guidance on their intent to publish regulations regarding clean vehicles
- §30D – Notice 2022-231 – IRS releases frequently asked questions about clean vehicles credits for new, previously owned and commercial clean vehicles
- §30D – Notice 2022-218 – Treasury and IRS set out procedures for manufacturers, sellers of clean vehicles
- §30D – Notice 2023-160 – IRS reminder: Make sure to understand recent changes when buying a clean vehicle
- §30D – Notice 2023-83 – Reminder: Proposed regulations related to the new clean vehicle critical mineral and battery components go into effect April 18
- §30D – Notice 2023-64 – IRS issues guidance and updates frequently asked questions related to the new clean vehicle critical mineral and battery components
- §30D – Notice 2023-18 – IRS issues guidance and updates frequently asked questions related to new, previously owned and qualified commercial clean vehicle credits
- §30D – Notice 2023-16 – EV – Certain Definitions of Terms in Section 30D Clean Vehicle Credit
- §30D – Notice 2023-01 – Certain Definitions of Terms in Section 30D Clean Vehicle Credit informs taxpayers that the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) intend to propose regulations under §30D of the Internal Revenue Code (Code) (forthcoming proposed regulations) addressing the definitions of certain terms relevant to the requirements of the clean vehicle credit available under §30D (§30D credit).
- §30D – Publication 5724-A, Credit for Clean Vehicles
§40B
- §40B – Notice 2024-06 – Sustainable Aviation Fuel Credit; Lifecycle Greenhouse Gas Emissions Reduction Percentage and Certification of Sustainability Requirements Related to the Clean Air Act; Safe Harbors
- §40B – Notice 2023-06 – Sustainable Aviation Fuel Credit; Registration; Certificates; Request for Public Comments – provides guidance on the new sustainable aviation fuel credits under §§ 40B and 6426(k) of the Internal Revenue Code and related credit and payment rules under §§ 34(a)(3), 38, 87, and 6427(e)(1). This notice also provides rules related to the § 4101 registration requirements.
- §40B – Notice 2022-223 – Treasury, IRS issue guidance on new Sustainable Aviation Fuel Credit
§45B
- §45B – Notice 2022-61 – Prevailing Wage and Apprenticeship
§45L
- §45L – Notice 2023-142– IRS: Builders of qualified new energy efficient homes might qualify for an expanded tax credit
§45W
- §45V - Definition of Energy Property and Rules Applicable to the Energy Credit
- §45V - Statutory Exceptions to Phaseout Reducing Elective Payment Amounts for Applicable Entities if Domestic Content Requirements are Not Satisfied
§45W
- §45W – Notice 2024-5 – Section 45W Commercial Clean Vehicles and Incremental Cost for 2024
- §45W – IRS Issues More Guidance for Manufacturers of Clean Vehicles
- §45W – IRS updates frequently asked questions related to new, previously-owned and qualified commercial clean vehicle credits
- §45W – Register your dealership to enable credits for clean vehicle buyers
- §45W – Announcement 2023-09 – Section 45W Commercial Clean Vehicles and Incremental Cost for 2023 provides a safe harbor regarding the incremental cost of certain qualified commercial clean vehicles placed in service in calendar year 2023 for purposes of the new credit for qualified commercial clean vehicles.
- §45W – Notice 2022-233 – Treasury, IRS issue guidance on the incremental cost for the Commercial Clean Vehicle Credit
- §45W – Notice 2022-231 – IRS releases frequently asked questions about clean vehicles credits for new, previously owned and commercial clean vehicles
- §45W – Announcement 2022-218 – Treasury and IRS set out procedures for manufacturers, sellers of clean vehicles
- §45W – Publication 5724-B, Credit for Commercial Clean Vehicles
- §45W – Frequently asked questions about the New, Previously-Owned and Qualified Commercial Clean Vehicles Credit
- Publication 5724-B, Credit for Commercial Clean Vehicles
§45X
§48
§48C
- §48C – Announcement 2023-108 – IRS provides additional guidance for advanced energy projects
- §48C – Notice 2023-44 – Additional Guidance for the Qualifying Advanced Energy Project Credit Allocation Program under Section 48C(e)
- §48C – Announcement 2023-27 – IRS and Treasury provide guidance on the Qualifying Advanced Energy Project Credit
- §48C – Notice 2023-18 – Initial Guidance Establishing Qualifying Advanced Energy Project Credit Allocation Program Under Section 48C(e)
§48D
§48E
§6426(k)
- §6426(k) – Notice 2022-223 – Treasury, IRS issue guidance on new Sustainable Aviation Fuel Credit
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This has been prepared for information purposes and general guidance only and does not constitute legal or professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is made as to the accuracy or completeness of the information contained in this publication, and CohnReznick LLP, its partners, employees and agents accept no liability, and disclaim all responsibility, for the consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it.