For construction subject to these new rules, the energy tax credit amount eligible for elective pay will be phased out, starting with a 90% limitation in 2024. Meaning that only 90% of the credit could be received in the form of a cash payment. Section 6417 provides a very important exception to this phase out requirement and allows for 100% of the credit to be eligible for direct pay if:

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For tax-exempt entities looking to take advantage of elective pay provisions, the impact of the new domestic content requirements should be considered.  Projects eligible for both the investment tax credit (ITC) and production tax credit (PTC) are entitled to a base tax credit rate. To qualify for the full base tax credit rate (30% ITC or a $0.0275/kWh PTC (2023 value)), the projects must satisfy prevailing wage and apprenticeship criteria. Projects may then earn bonus tax credits by fulfilling additional domestic content eligibility requirements.

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The Internal Revenue Service (IRS) has provided guidelines on when a project has been determined to start construction. There is still time to meet the safe harbor and other tests for beginning of construction determinations in 2023 to avoid having the new domestic content requirements apply.

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For a new energy credit-eligible construction beginning in 2024 on which a non-profit or municipality wishes to claim elective pay, satisfaction of the domestic content rules will be required for the full credit to be eligible for direct payment.

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If the project meets the ITC and PTC wage, apprenticeship and the domestic content requirements, the project is eligible for the full 10% bonus tax credit. If the ITC and PTC, wage and apprenticeship requirements are not met, the value of the domestic content bonus tax credit diminishes significantly. Dropping from 10% to around 2% in the case of ITC.

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© Copyright 2024 Cherry Bekaert. All Rights Reserved. "Cherry Bekaert” is the brand name under which Cherry Bekaert LLP and Cherry Bekaert Advisory LLC, independently owned entities, provide professional services in an alternative practice structure in accordance with applicable professional standards. Cherry Bekaert Advisory LLC is not a licensed CPA firm. Cherry Bekaert LLP is a licensed CPA firm that provides attest services, and Cherry Bekaert Advisory LLC and its subsidiary entities provide tax and advisory services.

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"Cherry Bekaert” is the brand name under which Cherry Bekaert LLP and Cherry Bekaert Advisory LLC provide professional services. Cherry Bekaert LLP and Cherry Bekaert Advisory LLC practice in an alternative practice structure in accordance with the AICPA Code of Professional Conduct and applicable law, regulations and professional standards. Cherry Bekaert LLP is a licensed independent CPA firm that provides attest services to its clients, and Cherry Bekaert Advisory LLC and its subsidiary entities (including, Cordia Recruiting and Staffing, LLC d/b/a Cordia Resources; ArcherPoint Holdings LLC; EC Advance Ltd. d/b/a ArcherPoint Canada; ArcherPoint India Pvt. Ltd.; and Suite Engine, LLC) provide tax and business advisory services to their clients. Cherry Bekaert Advisory LLC and its subsidiary entities are not licensed CPA firms. The entities falling under the Cherry Bekaert brand are independently owned and are not liable for the services provided by any other entity providing services under the Cherry Bekaert brand. Our use of the terms “our Firm” and “we” and “us” and terms of similar import, denote the alternative practice structure of Cherry Bekaert LLP and Cherry Bekaert Advisory LLC.

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Cherry Bekaert’s Energy Tax Credits & Incentives team are working closely to monitor the continued rollout of IRA notices and regulations and look forward to serving as your guide.

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Sustainable Manufacturing: Harnessing Energy Tax CreditsCapitalizing on Elective Pay and Transferability of Tax Credits Under the Inflation Reduction ActIRA Domestic Content Bonus Credit: How To Maximize Your Energy Tax CreditsHow Real Estate and Construction Companies Can Take Advantage of the Expanded Section 45L Tax CreditUnderstanding the Inflation Reduction Act and Other Energy Incentives

Taxpayers are still anticipating more Department of Treasury (Treasury) and IRS guidance as to how waivers will be issued for this exception to the phase-out limitation and what the process might be. It is possible that the Treasury will issue categorical waivers for certain materials and components it has pre-emptively deemed eligible for exemption. Alternatively, the IRS may provide another application process for the waivers, but it is always valuable to begin preparing for these changes the better.

2023 has been an exciting year for clean energy investments as more guidance has been issued surrounding the Inflation Reduction Act (IRA). One of the most anticipated new provisions of the IRA is Internal Revenue Code Section 6417, known as the elective pay regime. This allows non-profits and certain governmental entities to receive credits in the form of cash payment rather than as nonrefundable credits. The amount of a credit eligible for elective pay for a project placed in 2024 or later may be limited to an amount less than the entire tax credit. This is unlike for projects placed in service in 2023. However, utilization of domestic content in the project may still allow for the entire credit to be monetized as a cash payment.

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