U.S. Treasury and IRS Finalize Rules on Clean Energy Tax Incentives and Prevailing Wage Requirements
Key Ideas
  • Final rules on prevailing wage and registered apprenticeship (PWA) requirements in the Inflation Reduction Act aim to ensure the clean energy transition prioritizes workers and good jobs.
  • Taxpayers who pay prevailing wages and hire registered apprentices for clean energy projects can claim an increased credit equal to five times the base incentive.
  • The rules incentivize compliance, strengthen recordkeeping, and clarify apprenticeship requirements to guarantee benefits to workers and communities across the U.S.
  • The IRS is dedicating significant resources to promoting and enforcing compliance with the clean energy rules, emphasizing the importance of meeting obligations for claiming Clean Energy credits.
The U.S. Department of the Treasury and the IRS have released final rules on prevailing wage and registered apprenticeship (PWA) requirements, in collaboration with the Department of Labor (DOL), as part of the Inflation Reduction Act. The rules are designed to provide clarity and certainty on PWA requirements to ensure that the clean energy transition in the country is centered around workers. Taxpayers who adhere to prevailing wage standards and employ registered apprentices for clean energy projects supported by most of the Inflation Reduction Act’s tax incentives can claim an increased credit. This includes projects utilizing tax credits for wind, solar, battery storage, carbon capture, utilization, and clean hydrogen projects. The goal of these rules is to encourage more clean energy projects that create good jobs. For instance, in Wisconsin, construction unions have secured agreements to prioritize union workers for utility-scale solar, wind, and battery storage projects. Similarly, in Oregon, the Wheatridge Renewable Energy Facility has employed members of the International Brotherhood of Electrical Workers Local 112 for its hybrid wind, solar, and storage projects. Secretary of the Treasury Janet Yellen emphasized the importance of skilled workers benefiting from clean energy investments. The final rules also address prevailing wage rate determinations, compliance practices, recordkeeping, penalties for non-compliance, and apprenticeship requirements. Acting Secretary of Labor Julie Su highlighted the administration's efforts to ensure workers benefit from clean energy tax breaks and training opportunities. The IRS will focus on promoting and enforcing compliance with the rules, underscoring the significance of meeting obligations for claiming Clean Energy credits. The IRS will release a PWA Fact Sheet summarizing the PWA requirements to assist taxpayers in understanding and complying with the regulations.
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