IRS Announces Proposed Regs on Energy Investment Bonus Credit

Treasury and IRS provide proposed rules on energy projects for low-income communities

May 31, 2023

WASHINGTON — The Department of the Treasury and the Internal Revenue Service today issued proposed regulations for applicants investing in certain solar and wind powered electricity generation facilities.

The IRS released Notice 2023-17 on Feb. 13, 2023, to establish the Low-Income Communities Bonus Credit Program. Notice 2023-17 provided initial guidance for potential applicants seeking allocations of calendar year 2023 environmental justice solar and wind capacity limitation.

Under this program, applicants investing in certain solar, and wind powered-electricity generation facilities may apply for an allocation of capacity limitation to increase the amount of an energy investment credit in the year in which the facility is placed in service.

The proposed regulations issued today request comments on certain definitions and requirements that the Treasury Department and the IRS are considering including in the upcoming program guidance.

The Treasury Department and the IRS request written or electronic comments on all aspects of the proposed rules by June 30, 2023.

More information may be found on the Inflation Reduction Act of 2022 page on IRS.gov.