Tax Equity News

Tax Credits Eligible for Direct Pay or Transferability Under the Inflation Reduction Act | Norton Rose Fulbright - August 2022

Written by Gabrielle Jacques | August 29, 2022

Tax Credit

Section 6417 Refundability

(Direct Pay)

Section 6418 Transferability

(Third Party Sale) [1]

§25E Previously-Owned Clean Vehicles No; but, see special rule for advanced payments on transfer under Transferability. No; but, taxpayer who purchases a pre-owned clean vehicle can elect, on or before the purchase date, to transfer the credit to the dealer who sold the vehicle in exchange for cash, or a partial payment or a down payment on the vehicle in an amount equal to the credit otherwise available to the buyer.
§30C Alternative Fuel Vehicle Refueling Property Credit Yes; but limited to tax-exempt entities. Yes
§30D Clean Vehicle Credit No; but, see special rule for advanced payments on transfer under Transferability. No; but, taxpayer who purchases a new clean vehicle can elect, on or before the purchase date, to transfer the credit to the dealer who sold the vehicle in exchange for cash, or a partial payment or a down payment on the vehicle in an amount equal to the credit otherwise available to the buyer.
§45 Renewable Electricity Production Tax Credit Yes; but limited to tax-exempt entities. Yes
§45Q Carbon Oxide Sequestration Credit Yes; not limited to tax-exempt and state governmental entities during first five years of the credit period. Yes
§45U Zero-Emission Nuclear Power Production Credit Yes; but limited to tax-exempt entities. Yes
§45V Clean Hydrogen Production Credit Yes; not limited to tax-exempt and state governmental entities during first five years of the credit period Yes
§45W Qualified Commercial Vehicles for a Tax-Exempt Entity Yes; but limited to tax-exempt entities. No
§45X Advanced Manufacturing Production Credit Yes; not limited to tax-exempt and state governmental entities during for any consecutive five-year period elected by taxpayer within the credit period. Yes
§45Y Electricity Production Credit Yes; but limited to tax-exempt entities. Yes
§45Z Clean Fuel Production Credit Yes; but limited to tax-exempt entities. Yes
§48 Energy Investment Tax Credit Yes; but limited to tax-exempt entities. Yes
§48C Qualifying Advanced Energy Project Credit Yes; but limited to tax-exempt entities. Yes
§48E Clean Electricity Investment Credit Yes; but limited to tax-exempt entities. Yes

[1] Tax-exempt entities are excluded from using transferability.