Energy Tax Credits & Incentives

Cherry Bekaert’s Energy Tax Credits & Incentives team can help your business benefit from federal, state and local tax incentives.

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Is Your Business Eligible for Energy Tax Credits or Deductions?

Cherry Bekaert’s Energy Tax Credits & Incentives team is able to assess your organization’s eligibility to receive business energy tax credits and incentives, so that you are not leaving any money on the table. With new provisions in the Inflation Reduction Act (IRA), there are opportunities to purchase tax credits to reduce your federal tax liability via the transferability rules under IRC Section 6418. If your business makes investments in the following activities, then you may benefit from federal, state, and local energy tax credits and incentives:

  • Constructing new facilities or improving existing facilities using energy-efficient technologies
  • Obtaining LEED® certification or renewable energy investment for new or existing buildings
  • Manufacturing equipment and products that are used to produce renewable energy
  • Cleaning up environmentally challenged properties
  • Conducting research and development (R&D) or improving processes that relate to energy efficiency, environmental improvements, and pollution control

Who Should Explore Taking Advantage of Inflation Reduction Act Tax Credits?

  • Any C corporation taxpayers with federal tax liability
  • Any other entity with passive income and federal tax liability
  • Anyone investing in cleantech and clean energy assets
  • Anyone building or remodeling commercial or residential properties
  • Anyone means:

Opportunities for Investments in Alternative Energy

Our tax advisors assess your organization's qualifications for business tax credits and incentives, so you don't leave any money on the table. The Inflation Reduction Act (IRA) offers a range of energy tax credits that promote the transition to clean energy production, advanced manufacturing, adoption of clean vehicles, and reduced greenhouse gas emissions. Our team can investigate how the following incentives apply to your business, or how you can sell these tax credits on the open market:

  • The Section 179D Energy Efficient Commercial Building Deduction applies to commercial and high-rise buildings that receive energy-efficient improvements to the interior lighting, HVAC and hot water, or envelope systems. For property placed into service after December 31, 2022, the maximum available deduction is more than $5 per square foot for the building affected. This tax deduction directly reduces your taxable income in the year the property is placed in service, as well as the depreciation expense of the asset. You can even retroactively apply for the Section 179D deduction without amending previous tax returns.
  • The Section 45L Energy Efficient Home Credit applies to single-family residences, apartment buildings, townhomes, condominiums, assisted living facilities, student housing, and other facilities designed for individual(s) occupancy. A preliminary design analysis and certification by certified Home Energy Rating System (HERS) raters is required before and during construction. For property placed in service after 2022, the maximum credit available is $5,000 per unit.
  • The Section 48 Investment Tax Credit is designed to encourage businesses to invest in energy-related assets. Eligible taxpayers can receive a credit for the energy percentage of the value of energy-related assets used during the tax year. This immediate tax credit can be a great incentive for businesses to invest in energy-related assets, as opposed to spreading the tax credit out over multiple years. The base credit is 6% of the basis of the qualified energy property, but the credit may be increased to 30% if the project meets prevailing wage and apprenticeship requirements.
  • The Section 45 Production Tax Credit provides a tax credit for electricity produced from certain renewable resources and sold back to the grid. This credit is applicable to wind, closed and open-loop biomass, geothermal, solar, municipal solid waste, hydropower, and marine or hydrokinetic energy. The credit can be a significant incentive for businesses to transition to renewable energy sources.
  • The Section 45Q Credit for Carbon Oxide Sequestration provides credit for carbon dioxide sequestration coupled with permitted end uses within the U.S. This credit is also eligible to be paid directly as a grant. Businesses that are reducing their carbon footprint and sequestering carbon dioxide can take advantage of this credit.
  • The Section 45X Advanced Manufacturing Production Credit is applicable to manufacturers of components used in the production of renewable energy facilities like solar, wind and battery storage. This tax credit can help incentivize the production of components needed for renewable energy facilities, helping to transition to cleaner energy sources.
Brochure

See All Available Energy Tax Credits & Incentives

There will be more updates on technology-neutral credits becoming available in 2025.

Eligible Technologies

Investment Tax Credit

  • Fuel cell
  • Solar
  • Geothermal (electric)
  • Geothermal (heat pump and direct use)
  • Wind
  • Standalone energy storage
  • Biogas
  • Microgrid controllers
  • Combined heat and power properties
  • Municipal solid waste
  • Tidal

Production Tax Credit

  • Wind
  • Biomass
  • Geothermal (electric)
  • Solar
  • Small irrigation
  • Landfill gas
  • Hydropower
  • Marine and hydrokinetic renewable energy
  • Municipal solid waste
  • Tidal

How We Can Guide Your Clean Energy Investments

We offer a multitude of services to assist our clients when thinking about clean energy investments, including:

  • Evaluating potential tax savings opportunities
  • Reviewing technology to determine its eligibility for clean energy tax credits
  • Clean energy tax credit modeling
  • Consulting on investment structures for monetization
  • Due diligence for both buyers and sellers of clean energy tax credits
  • Assisting with tax-exempt entities in filing for direct pay
  • Documenting the necessary information so that the credit may be claimed and substantiated under IRS audit
“Almost everybody is a potential solar voter. I’d be hard-pressed to find a single issue, including motherhood and apple pie, that polls higher than the desire to see more solar...it’s really something that unites this country at a particularly divided time.”
Executive Director of a Solar Energy Firm

Contact Our Energy Tax Credits & Incentives Team

Talk to our team today and see what energy investment tax credits and incentives may still be available to you.

Maximizing Your Energy Tax Credits & Incentives

Transferability Credits

Individuals Purchasing Energy Tax Credits

If you're considering purchasing energy tax credits under the IRA, it's important to be aware of the passive activity rules. Non-corporate individuals purchasing tax credits can only use them to offset income tax from a passive activity, so it's essential to keep this in mind when making investment decisions.

Transferability and Buy-Side Opportunities

One of the benefits of clean energy tax credits is transferability, which allows entities that don't have sufficient tax liability to utilize the tax credits they generate. Section 6418 allows entities not eligible to use elective pay to transfer all or a portion of an eligible tax credit to an unrelated transferee taxpayer for cash. This transferability can be a valuable way to monetize your credits. There are buy-side opportunities and benefits associated with clean energy tax credits. Clean energy tax credits are purchased at less than a 1:1 ratio, creating permanent financial and cash savings for companies. A qualified tax liability of $1 million can be settled through the cash purchase of $1 million of clean energy credits at discounted pricing. Additionally, there are reduced federal quarterly estimated payments if there is an intended credit purchase. This allows cash outlays to be timed for the end of the year or the beginning of the subsequent tax year. One of the benefits of clean energy tax credits is transferability, which allows entities that don't have sufficient tax liability to utilize the tax credits they generate. Section 6418 allows entities not eligible to use elective pay to transfer all or a portion of an eligible tax credit to an unrelated transferee taxpayer for cash. This transferability can be a valuable way to monetize your credits.

Direct Pay

The IRA created the ability for certain tax-exempt and other governmental entities to receive a payment for investments into property that would otherwise qualify for a credit against federal tax liability. This is known as elective pay or direct pay, and it is available for qualified clean energy investments such as solar panels, battery storage systems, electric vehicles and charging stations. The U.S. Treasury Department has issued final regulations for direct pay provisions under IRC Section 6417.

Prevailing Wage & Apprenticeship Requirements

In certain circumstances, to be eligible for these incentives, the prevailing wage and apprenticeship requirements apply. During construction, any laborers or mechanics employed on the project must be paid prevailing wages for the locality in which the project is located. The prevailing wage rate is determined by the Department of Labor, and prevailing wages must be paid for repairs or alterations to the facility for a period after the project is placed in service. If a taxpayer fails to pay prevailing wages, it can be cured or corrected by paying the difference plus interest and paying a $5,000 per worker penalty to the IRS. The penalty is increased to $10,000 per worker for intentional disregard of the rules.

To meet the apprenticeship requirement, a percentage of total labor hours for the construction, repair, or alteration of an energy facility must be performed by qualified apprentices. A qualified apprentice is an individual who is employed by the taxpayer or by any contractor or subcontractor and is participating in a registered apprenticeship program. The applicable percentage increases over time: 10% for construction that begins before 2023, 12.5% for construction that begins during 2023, and 15% for construction that begins after 2023. If a taxpayer fails to meet the apprenticeship requirements, the penalty is $50 multiplied by the shortage in hours. This penalty increases to $500 per hour for intentional disregard.

Transferability Credits

Individuals Purchasing Energy Tax Credits

If you're considering purchasing energy tax credits under the IRA, it's important to be aware of the passive activity rules. Non-corporate individuals purchasing tax credits can only use them to offset income tax from a passive activity, so it's essential to keep this in mind when making investment decisions.

Transferability and Buy-Side Opportunities

One of the benefits of clean energy tax credits is transferability, which allows entities that don't have sufficient tax liability to utilize the tax credits they generate. Section 6418 allows entities not eligible to use elective pay to transfer all or a portion of an eligible tax credit to an unrelated transferee taxpayer for cash. This transferability can be a valuable way to monetize your credits. There are buy-side opportunities and benefits associated with clean energy tax credits. Clean energy tax credits are purchased at less than a 1:1 ratio, creating permanent financial and cash savings for companies. A qualified tax liability of $1 million can be settled through the cash purchase of $1 million of clean energy credits at discounted pricing. Additionally, there are reduced federal quarterly estimated payments if there is an intended credit purchase. This allows cash outlays to be timed for the end of the year or the beginning of the subsequent tax year. One of the benefits of clean energy tax credits is transferability, which allows entities that don't have sufficient tax liability to utilize the tax credits they generate. Section 6418 allows entities not eligible to use elective pay to transfer all or a portion of an eligible tax credit to an unrelated transferee taxpayer for cash. This transferability can be a valuable way to monetize your credits.

Direct Pay

The IRA created the ability for certain tax-exempt and other governmental entities to receive a payment for investments into property that would otherwise qualify for a credit against federal tax liability. This is known as elective pay or direct pay, and it is available for qualified clean energy investments such as solar panels, battery storage systems, electric vehicles and charging stations. The U.S. Treasury Department has issued final regulations for direct pay provisions under IRC Section 6417.

Prevailing Wage & Apprenticeship Requirements

In certain circumstances, to be eligible for these incentives, the prevailing wage and apprenticeship requirements apply. During construction, any laborers or mechanics employed on the project must be paid prevailing wages for the locality in which the project is located. The prevailing wage rate is determined by the Department of Labor, and prevailing wages must be paid for repairs or alterations to the facility for a period after the project is placed in service. If a taxpayer fails to pay prevailing wages, it can be cured or corrected by paying the difference plus interest and paying a $5,000 per worker penalty to the IRS. The penalty is increased to $10,000 per worker for intentional disregard of the rules.

To meet the apprenticeship requirement, a percentage of total labor hours for the construction, repair, or alteration of an energy facility must be performed by qualified apprentices. A qualified apprentice is an individual who is employed by the taxpayer or by any contractor or subcontractor and is participating in a registered apprenticeship program. The applicable percentage increases over time: 10% for construction that begins before 2023, 12.5% for construction that begins during 2023, and 15% for construction that begins after 2023. If a taxpayer fails to meet the apprenticeship requirements, the penalty is $50 multiplied by the shortage in hours. This penalty increases to $500 per hour for intentional disregard.

Case Study

Global A&E Firm Saves $2 Million with Section 179D Tax Deduction

Learn how we helped a global architecture and engineering firm save $2 Million with the Section 179D commercial buildings energy efficiency tax deduction.

“Solving big challenges has always resulted in wealth creation. Think about the challenges of transportation, and then the economic and societal impact of the railroad, automobile and airlines. Then let’s think about big goals we have had like curing polio or landing a man on the moon. Each changed our lives, created jobs, and made life better. We have always been able to make problems into opportunities...I look at Climate Change as the biggest opportunity in our lifetime, in fact the largest wealth creation opportunity on the planet.”
Co-Founder and President of a Sustainable Infrastructure Development Firm

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Martin Karamon

Tax Credits & Incentives Advisory Leader

Partner, Cherry Bekaert Advisory LLC

Timothy Doran

Tax Credits & Incentives Advisory

Director, Cherry Bekaert Advisory LLC

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