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New IRS Guidance for PTC and ITC Domestic Content Bonus Credit: Key Issues, Taxpayer Eligibility, New Safe Harbors

Recording of a 90-minute premium CLE/CPE video webinar with Q&A

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Conducted on Thursday, August 8, 2024

Recorded event now available

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This CLE/CPE webinar will provide attorneys and tax professionals insight on key components of recent IRS updated guidance regarding the domestic content bonus credit under Sections 45, 48, 45Y, and 48E. The panel will discuss key items under recently issued Notice 2024-41, applicable projects and the domestic content bonus opportunity, the description of domestic content items, certification and recordkeeping requirements, and next steps for taxpayers.

Description

The Inflation Reduction Act created a 10 percent tax credit adder to encourage the use of "domestic content" for projects that qualify for the production tax credit (PTC) and investment tax credit (ITC). The domestic content bonus credit is available to projects that qualify for the ITC or PTC under current Sections 48 or 45, or Sections 48E or 45Y beginning in 2025 if all of the steel and iron and the required percentage of manufactured products included in the completed project are produced in the United States.

On May 12, 2023, the IRS published Notice 2023-38, providing the rules for establishing satisfaction of the requirements to qualify for the bonus credit and a safe harbor regarding the classification of certain components. However, on May 16, 2024, the IRS issued further guidance under Notice 2024-41, providing clarity surrounding the domestic content bonus credit.

IRS Notice 2024-41 significantly modifies guidance provided in Notice 2023-38 by adding a new elective safe harbor for taxpayers to qualify for the bonus amount, expanding the applicable project component safe harbor for determining which parts of a clean energy project qualify, and other key items.

Tax professionals assisting developers, manufacturers, and investors must understand these domestic content requirements and the potential challenges involved in satisfying them. This involves a thorough analysis of complex rules, providing evidence that may be difficult to obtain, and consideration of available planning strategies to address related matters concerning expected tax credits, financing, and the overall success of a project.

Listen as our panel discusses recently issued Notice 2024-41, applicable projects and the domestic content bonus opportunity, description of domestic content items, certification and record-keeping requirements, and next steps for taxpayers.

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Outline

  1. Inflation Reduction Act of 2022: 10 percent domestic content bonus credit on renewables
  2. Impact of 10 percent bonus credit for projects
  3. Notice 2024-41: key provisions and challenges
  4. Certification and recordkeeping
  5. Key issues and pitfalls to avoid for renewable projects

Benefits

The panel will discuss these and other key issues:

  • Inflation Reduction Act of 2022 and the 10 percent domestic content bonus credit
  • Key items and challenges stemming from IRS Notice 2024-41
  • Requirements and processes involved to qualify for the domestic content bonus credit
  • Determining classification of the components of the completed project in light of recent guidance
  • Safe harbor requirements and pitfalls to avoid
  • Navigating the certification and recordkeeping requirements

Faculty

Kaden, Matt
Matt Kaden, JD, LLM

Managing Director
Moss Adams

Mr. Kaden has practiced federal income taxation since 2007. He has special expertise in the federal income taxation of...  |  Read More

Levin-Nussbaum, Anne
Anne S. Levin-Nussbaum

Partner
Akerman

Ms. Levin-Nussbaum's practice encompasses a broad spectrum of US federal income tax matters, with a particular...  |  Read More

Nickel, Marc
Marc D. Nickel

Senior Vice President
Aon M&A and Transaction Solutions

Mr. Nickel advises business on a broad range of energy issues related to U.S. federal, state, and local taxes. He has...  |  Read More

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