Claiming Tech-Neutral Clean Electricity Production and Investment Tax Credits Under the Inflation Reduction Act

On May 29, 2024, the U.S. Department of the Treasury and the Internal Revenue Service released long anticipated Proposed Regulations regarding clean electricity production tax credits and clean electricity investment tax credits under Sections 45Y (“Tech-Neutral PTC”) and 48E (the “Tech-Neutral ITC” and collectively, the “Tech-Neutral Credits”) of the Internal Revenue Code of 1986, as amended (the “Code”). The Tech-Neutral Credits represent the centerpiece of the Biden Administration’s energy incentives in the Inflation Reduction Act of 2022 and will be critical to continued development of clean renewable energy resources in the United States during the next decade.

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