Read this if your organization would like to elect to receive clean energy tax credits directly.
Many tax credits and their incentives have often been difficult for tax-exempt and governmental entities to utilize given their lack of taxable income. The Inflation Reduction Act of 2022 (IRA) made several clean energy tax credits available to tax-exempt and governmental organizations under an elective pay option.
With the new election, tax-exempt and governmental entities will be able to treat certain pre-approved clean energy tax credits as an overpayment on a Form 990-T, resulting in a refund of the credit.
Who is eligible for the elective pay option?
Tax-exempt organizations including all entities exempt under IRS code section 501(c); state, local, tribal, US territories and political governments and their agencies and instrumentalities; the Tennessee Valley Authority; and rural electric co-operatives with valid EINs are eligible for the elective pay option.
What kind of credits are available?
IRS Publication 5817g outlines the credits available to these organizations under the elective pay option. This includes up to a 30% credit for qualifying renewable energy projects and up to a $40,000 credit for the purchase of commercial clean vehicles. Credits include:
Energy generation and carbon capture
- Production Tax Credit for Electricity from Renewables
- Clean Electricity Production Tax Credit
- Investment Tax Credit for Energy Property
- Clean Electricity Investment Tax Credit
- Low-Income Communities Bonus Credit
- Credit for Carbon Oxide Sequestration
- Zero-Emission Nuclear Power Production Credit
Manufacturing
- Advanced Energy Project Credit
- Advanced Manufacturing Production Credit
Vehicles
- Credit for Qualified Commercial Clean Vehicles
- Alternative Fuel Vehicle Refueling Property Credit
Fuels
- Clean Hydrogen Production Tax Credit
- Clean Fuel Production Credit
When to register the clean energy tax credits
IRS Publication 5817 outlines the steps required to claim any elective pay clean energy credits. Once the organization has identified the credit and qualifying project they would like to pursue, they will need to complete a pre-filing registration with the IRS online and obtain a valid registration number for each credit they would like to pursue.
The IRS recommends you register for the qualifying credit after placing the property into service but no earlier than the beginning of the tax period when you will earn the credit. Additionally, they recommend you register at least 120 days before the due date of the Form 990-T to allow time for review before issuing registration number(s).
How to register the clean energy tax credits
Registration for elective payment can be found on the IRS website at Register for elective payment or transfer of credits. An authorized representative of the organization may use the tool to complete the application. Your organization will need to start by selecting an authorized representative. This individual can be from within your organization, or your tax advisor may be authorized to file for you via completion of a Form 2848, Power of Attorney and Declaration of Representative.
The IRS site will require the authorized person to verify their identity with photo identification by creating an ID.me account. Using their ID.me account, the authorized person will navigate to Energy Credits Online where they will enter the entity’s EIN to create a clean energy business account.
Once signed in, the authorized representative will be required to submit general information, credit specific information, and answer common as well as credit specific questions. Additional information on using the pre-registration tool can be found in the user guide, IRS Publication 5884.
How to claim the clean energy tax credits
Once the project is approved, your organization must satisfy all requirements of the tax credit. For example, most credits are claimed in the tax year the qualifying project is placed into service.
Many of the clean energy credits increase in percentage of expenditure if certain criteria are met. For example, both the Investment Tax Credit for Energy Property and Clean Electricity Investment Tax Credit start at a base of 6% of the qualified investment but increase five times to 30% if the project pays prevailing wages and uses registered apprentices.
Tax-exempt and governmental organizations should consult with their project vendors to ensure their projects will qualify for the credits they intend to pursue.
Finally, the tax-exempt or governmental organization will file an original, on-time Form 990-T and make a valid elective pay payment election using Form 3800 in the appropriate tax period to receive the direct payment. The election will not be permitted on a late or amended Form 990-T.
If your organization is interested in pursuing a clean energy credit made available under the IRA, please contact Scott Davis. BerryDunn is here to help you maneuver this new path forward for tax-exempt and governmental entities in clean energy tax credits.