IRS notices: Requests for comments on upcoming clean energy tax guidance
The IRS issued notices asking for comments on different aspects of extensions and enhancements of energy tax benefits in H.R. 5376
The IRS issued notices asking for comments on upcoming energy guidance
The IRS today issued six notices asking for comments on different aspects of extensions and enhancements of energy tax benefits in H.R. 5376 (commonly called the “Inflation Reduction Act of 2022” (IRA)):
- Notice 2022-46 [PDF 130 KB] requests comments on credits for clean vehicles.
- Notice 2022-47 [PDF 125 KB] requests comments on energy security tax credits for manufacturing.
- Notice 2022-48 [PDF 143 KB] requests comments on incentive provisions for improving the energy efficiency of residential and commercial buildings.
- Notice 2022-49 [PDF 146 KB] requests comments on certain energy generation incentives.
- Notice 2022-50 [PDF 123 KB] requests comments on elective payment of applicable credits and transfer of certain credits.
- Notice 2022-51 [PDF 148 KB] requests comments on prevailing wage, apprenticeship, domestic content, and energy communities requirements.
Notice 2022-46 provides that the publication of the notice is not publication of proposed guidance with resect to the critical mineral and battery component under section 30D(e). Similarly, Notices 2022-47, -48, -49 and -51 all provide that the publication of those notices is not proposed guidance with respect to the prevailing wage and apprenticeship requirements under sections 30C, 45, 45L, 45Q, 45U, 45V, 45Y, 45Z, 48, 48C, 48E, and 179D, and it is not relevant in determining whether the prevailing wage and apprenticeship requirements are satisfied under those sections.
According to the accompanying IRS release—IR-2022-172 (October 5, 2022)—the IRS requests that those interested in providing feedback to the questions in the notices follow the instructions in the notices to reply by November 4, 2022.
Treasury also released a fact sheet [PDF 150 KB] that includes additional information about the notices and Treasury and the IRS’s implementation process.
The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 3712, 1801 K Street NW, Washington, DC 20006.