Earlier this month, the Inflation Reduction Act of 2022 was passed and signed into law. The Act covers many things – one of the most significant is the changes to the Investment Tax Credits (ITC) for solar energy. These changes were made to Section 48 of the federal tax code and include the addition of Section 48E, the Clean Electricity Investment Credit.
The ITC has been around more many years and provides a tax credit based on a percentage of the installed cost for a qualifying solar installation. This tax credit percentage has stepped down in recent years and was scheduled to go to 22% in 2023.
ITC Going Back to 30% for 10 Years
The Inflation Reduction Act raises the tax credit back to 30% and extends the credit at this rate for 10 years. This new 30% tax credit rate will also apply for any qualifying project that is put into service in 2022. For projects that are less than 1 Megawatt, the 30% tax credit it is straightforward.
Where it gets more complicated is for large solar projects (>1 MWac). Sixty days after the IRS provides guidelines (likely sometime in the first Quarter of 2023), there will be additional requirements to receive the full 30% tax credit. To receive the full tax credit, the installing contractor will have to pay prevailing wages and have an apprentice program in place.
Bonus Tax Credit Potential
Something new to the ITC is the potential to increase the tax credit above 30%. These bonus credits apply to any commercial project, whether smaller or larger than 1 MWac placed in service after December 31, 2022.
- 10% credit increase if certain domestic product content requirements are met (i.e., a minimum % of the components must be mined, produced, or manufactured in the U.S.). IRS guidelines for this will take months to come out. Expect something around Q1 of 2023.
- 10% credit increase for projects located in an “Energy Community”. These are projects located in areas that:
- Are a brownfield site.
- Have a significant dependence on the extraction, processing, or storage of fossil fuels.
- Adjoin to communities with recently closed coal mines (after 1999) or recently closed coal-fired power plants (after 2009).
- 10% credit increase for projects in a “Low Income Community” (as defined for new market tax credit purposes).
New Ways to Monetize the Tax Credits
The Act also provides additional options for project owners to monetize the tax credits for projects placed into service after December 31, 2022. These changes are especially significant for tax exempt entities like school districts, local government, higher education, and non-profits. Prior to the Act, tax exempt entities often needed a 3rd party PPA or lease to capture some of the value of the tax credit.
- Direct Pay – this option allows entities, including those that are tax-exempt, to take direct payment equal to the amount of the tax credit. The bonus tax credit addons discussed above also apply.
- Credit Transfer – this option allows taxpayers to transfer all or a portion of the tax credit to another taxpayer. There are additional requirements and timing around this.
Energy Storage Included
The Act also provides the 30% tax credit to stand-alone energy storage on its own. Prior to this act, energy storage had to be installed as part of a solar project. This would allow an existing solar project to be retrofitted with battery storage.
How Can This Help You?
This overview is intended to highlight the significant changes to the tax code that can have a substantial impact on solar projects. Navitas is happy to help you better understand the costs and benefits of solar. As always, consult your tax professional to understand your specific tax implications.
If you would like more detailed information on the changes, click here.
About the author – Nick Rosenberry is a business development manager with Navitas. His background as a professional engineer and 18 years of experience in the energy industry help him bring a practical approach to developing strategies for public and private sector clients who want guidance in how to initiate an energy conservation program in their facilities. He can be reached at nroseberry@navitas.us.com.