In a recent issue of Tax Notes State, Grant Thornton's Jason Wade, state and local tax director, and Kevin Herzberg, national indirect tax practice leader, shared their perspectives on sales and use tax issues for renewable generation facilities, energy storage and electric vehicle charging stations.
Are energy storage projects eligible for a bonus credit?
Domestic Content – IRS Notice 2023-38 (May 12, 2023) An energy storage project (among others) is eligible for an “adder” bonus credit (generally an additional 10% ITC) if it satisfies US Federal Transit Administration–based “Buy America Requirements” for domestic content.
Do energy storage projects receive additional credit?
An energy storage project (among others) located in an “energy community” receives an “adder” additional credit (generally an additional 10% ITC). The energy community guidance provides definitional rules for each of the three categories of energy communities (Brownfield Category, Coal Closure Category, and Statistical Area Category).
Sales tax implications must be considered as more renewable generation facilities are built and maintained. “All electrical generation facilities should review the taxability of purchases for the buildout of the buildings, access roads, step-up transformers and other switchyard equipment to connect the facility to transmission lines,” they wrote.
Can a PTC-electing energy production facility be paired with an energy storage facility?
Principally, this means that a PTC-electing eligible energy production facility (such as a solar facility now eligible to elect to use the PTC after the IRA) may be paired with an energy storage facility without impacting the ability to claim an ITC for the storage facility.
When is the IRS energy credit comment period open?
The comment period is open until May 10, 2024. To facilitate eligible entities receiving a direct payment, transferring a clean energy credit, or claiming a CHIPS credit, the IRS built IRS Energy Credits Online (ECO) for recipients to complete the pre-file registration process and receive a registration number.
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