US Treasury and IRS Issue Final Regulations on Energy Property and Tax Credits
Key Ideas
  • Final regulations (TD 10015) provide clarity on energy property definitions and energy credit rules under Section 48 of the Internal Revenue Code.
  • Key updates include modifications to biogas property definition, energy storage technology rules, and aggregation rules.
  • Changes offer flexibility for taxpayers in compliance and planning, addressing recapture rules and interconnection costs inclusion.
On December 4, 2024, the US Treasury and IRS issued final regulations (TD 10015) clarifying the definition of energy property and rules for the energy credit under Section 48 of the Internal Revenue Code. These regulations aim to provide clarity and flexibility for taxpayers in planning and compliance. Updates include modifications to the definition of qualified biogas property, rules for energy storage technology, energy property aggregation rules, and the application of prevailing wage and apprenticeship requirements. The regulations also address recapture rules, the 80/20 rule for retrofitted energy property, and the inclusion of qualified interconnection costs. The Final Regulations implement amendments made by the Inflation Reduction Act of 2022, offering guidance on determining eligibility for the energy credit. The article discusses key points such as clarifications on waste energy recovery property and energy storage technology eligibility for the investment tax credit. It explains the modifications made to ensure clarity and accommodate various taxpayer concerns regarding energy property qualifications.
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