SHARE

February 22, 2023

IRS Releases Guidance on the Low-Income Communities Bonus Credit Program for Solar and Wind Facilities

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all Law.com OnPractice content.
Register Now

The Internal Revenue Service issued Notice 2023-17 providing guidance on the Low-Income Communities Bonus Credit Program established under Internal Revenue Code Section 48(e) including environmental justice solar and wind capacity limitations for qualified solar and wind facilities eligible for the Investment Tax Credit (ITC). Notice 2023-17 provides initial guidance on the overall program design, the application process, and criteria that will be considered in determining which applicants will receive an allocation. Additional guidance will be issued in the future.

Qualified solar and wind facilities must have a maximum net output of less than five megawatts (measured in alternating current) and the facility must be: (1) located in a low-income community; (2) located on Indian land; (3) part of a qualified low-income residential building project; or (4) part of a qualified low-income economic benefit project.

Projects that are described in categories 1 and 2 above may qualify for an ITC increase of 10% for the eligible property that is part of the facility. Projects that that are described in categories 3 and 4 above may qualify for a 20% ITC increase. To be eligible for an increase, the projects must be placed in service within four years after the date the applicant was notified of the allocation to the facility. Facilities placed in service before being awarded an allocation will not receive an allocation, even if the project would otherwise qualify.

For the 2023 calendar year, the program's total capacity limitation is 1.8 gigawatts of direct current capacity divided among the four categories as follows:

Category 1: Located in a Low-Income Community

700 megawatts

Category 2: Located on Indian Land

200 megawatts

Category 3: Qualified Low-Income Residential Building Project

200 megawatts

Category 4: Qualified Low-Income Economic Benefit Project

700 megawatts

When determining how to allocate the capacity limitations reserved for each category, additional criteria that will be considered includes a focus on facilities that are: (1) owned or developed by community-based organizations and mission-driven entities; (2) have an impact on encouraging new market participants; (3) provide substantial benefits to low-income communities and individuals marginalized from economic opportunities; and (4) have a higher degree of commercial readiness. Future guidance will describe the additional criteria in more detail.

The government anticipates issuing future guidance related to the Low-Income Communities Bonus Credit Program including descriptions of the additional criteria considered in awarding allocations.

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Greenberg Traurig

Schedule A I-140: Fast-Track Green Card for Nurses and Physical Therapists

By Caterina Cappellari Greenberg Traurig May 26 , 2023

Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.

SCOTUS to Warhol Foundation: Your Use of Previously Licensed Work Isn't Fair

By Steven J. Wadyka Jr. Greenberg Traurig May 26 , 2023

On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.

Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

By Bernadette M. Rappold Greenberg Traurig May 26 , 2023

Sometimes the most monumental Supreme Court decisions spring from the most modest facts.

More From Tax

Supreme Court Affirms IRS Power to Summons Bank Information Without Notice to Delinquent Taxpayer

By G. Michelle Ferreira Greenberg Traurig May 24 , 2023

Resolving a decades-old circuit court split on Internal Revenue Service (IRS) summons authority, on May 18, 2023, the U.S. Supreme Court issued a unanimous decision in Polselli v. Internal Revenue Service granting the IRS broad power to summons third parties to aid in the collection of a tax debt without giving notice to the account holders.

As Minnesota Moves Toward GILTI Taxation, New Jersey May Be Moving Away from It

By Stephen P. Kranz McDermott Will & Emery May 23 , 2023

We previously reported that the Minnesota Legislature was considering imposing mandatory worldwide combined reporting through an omnibus tax bill.

IRS Releases Proposed Regulations Addressing Repatriations of Intangible Property

By Brian H. Jenn McDermott Will & Emery May 22 , 2023

On May 2, 2023, the Internal Revenue Service (IRS) issued proposed regulations (REG-124064) under Section 367(d) that address repatriations of intangible property to the United States.

Featured Stories
Closeclose
Search
Menu

Working...