Regulations for Clean Electricity and Energy Storage Tax Credits Proposed


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The Department of the Treasury and the Internal Revenue Service (IRS) have released proposed regulations under the Inflation Reduction Act for owners of qualified clean electricity facilities and energy storage technologies. These regulations outline how these owners can claim relevant tax credits.

New Tax Credits Established

The Inflation Reduction Act of 2022 introduced two main tax credits: the clean electricity production credit and the clean electricity investment credit. Taxpayers may qualify for these credits if they produce electricity from a qualified clean electricity facility or make qualified investments in such facilities or energy storage technologies.

The proposed regulations provide comprehensive guidance for facilities placed in service after 2024. The key areas covered include:

  • Calculating Credit Amounts: Details on how to determine the amount of tax credits available.
  • Defining Qualified Facilities and Technologies: Clear definitions of what constitutes a qualified clean electricity facility and energy storage technology, including the necessary property and integral parts.
  • Metering Devices: Definitions and requirements for metering devices used in these facilities.
  • Related and Unrelated Persons: Clarifications on who is considered related or unrelated in the context of these regulations.
  • General Application Rules: Rules related to facility expansion and other general applications.
  • Recapture Rules: Guidelines on how and when tax credits might be recaptured.
  • Greenhouse Gas Emissions and Rates: Definitions and explanations concerning greenhouse gas emissions, emission rates, and the impact of carbon capture.
  • Provisional Emissions Rate: Information on how certain facilities can achieve a qualifying greenhouse gas emissions rate.

The proposed regulations invite public comments to ensure comprehensive feedback and improvement. They also provide details on how the public can submit their comments and information regarding the public hearing. The Treasury and IRS’s proposed regulations look to guide owners of clean electricity facilities and energy storage technologies in claiming tax credits. These guidelines will help ensure that the benefits of the Inflation Reduction Act are effectively utilized, promoting cleaner energy and supporting investment in sustainable technologies.

Additional Resources

For more detailed information, visit the Inflation Reduction Act of 2022 page. Here, you can find further explanations and updates on the proposed regulations.

Image: Shutterstock


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