Summary:
The U.S. Treasury Department, in consultation with the U.S. Department of Energy (DOE), has posted guidelines and the application for these tax credits on the website listed above. The applications may be submitted starting August 14, 2009 and preliminary applications are due to the DOE by September 16, 2009 with final applications due to DOE October 16, 2009. The DOE will provide its project review and ranking. In order to apply to the Internal Revenue Service (IRS), the applicant must receive its recommendation and ranking from the DOE. The applications to the Internal Revenue Service (IRS) are due on December 16, 2009 and must include the DOE recommendation and project ranking. IRS will certify or reject applications by January 10, 2010 and notify the certified projects of the approved amount of their tax credit.
The American Recovery and Reinvestment Act of 2009 (H.R. 1), enacted in February 2009, established a new investment tax credit to encourage the development of a U.S.-based renewable energy manufacturing sector. In any taxable year, the investment tax credit is equal to 30% of the qualified investment required for an advanced energy project that establishes, re-equips or expands a manufacturing facility that produces any of the following:
- Equipment and/or technologies used to produced energy from the sun, wind, geothermal or "other" renewable resources
- Fuel cells, microturbines or energy-storage systems for use with electric or hybrid-electric motor vehicles
- Equipment used to refine or blend renewable fuels
- Equipment and/or technologies to produce energy-conservation technologies (including energy-conserving lighting technologies and smart grid technologies)*
Qualified investments generally include personal tangible property that is depreciable and required for the production process. Other tangible property may be considered a qualified investment only if it is an essential part of the facility, excluding buildings and structural components.
The U.S. Treasury Department will issue certifications for qualified investments eligible for credits to qualifying advanced energy project sponsors. In total, $2.3 billion worth of credits may be allocated under the program. After certification is granted, the taxpayer has one year to provide additional evidence that the requirements of the certification have been met and three years to put the project in service. There are provisions for credit recapture for non-compliance.
In determining which projects to certify, the U.S. Treasury Department must consider those which most likely will be commercially viable, provide the greatest domestic job creation, provide the greatest net reduction of air pollution and/or greenhouse gases, have great potential for technological innovation and commercial deployment, have the lowest levelized cost of generated (or stored) energy
or the lowest levelized cost of reduction in energy consumption or greenhouse gas emissions,
and have the shortest project time.
Any taxpayer receiving this credit may not also receive
business energy investment tax credit.
See
U.S. DOE Advanced Energy Manufacturing Tax Credit (48C) Website for the DOE application and guidance, the IRS application, as well as the email for submitting the application.
*Note: This credit may be expanded in the future to include other energy technologies that reduce greenhouse gas emissions, as determined by the U.S. Treasury Department.
Contact:
Public Information - IRS
U.S. Internal Revenue Service
1111 Constitution Avenue, N.W.
Washington, DC 20224
Phone: (800) 829-1040
Web Site:
http://www.irs.gov