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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1545-2151
ICR Reference No:
202302-1545-006
Status:
Historical Active
Previous ICR Reference No:
201703-1545-021
Agency/Subagency:
TREAS/IRS
Agency Tracking No:
Title:
Qualifying Advanced Energy Project Credit - Notice 2023-18
Type of Information Collection:
Reinstatement with change of a previously approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
05/31/2023
OIRA Conclusion Action:
Approved without change
Conclusion Date:
06/01/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
05/31/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2023
6 Months From Approved
Responses
5,000
0
0
Time Burden (Hours)
31,750
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
This notice supersedes Notice 2009-72 and establishes the qualifying advanced energy project program ("advanced energy program") under § 48C(d) of the Internal Revenue Code and announces an initial allocation round of the qualifying advanced energy project credit ("advanced energy credit") to qualifying advanced energy projects under the advanced energy program. A qualifying advanced energy project re-equips, expands, or establishes a manufacturing facility for the production of certain energy related property. A taxpayer must submit, for each qualifying advanced energy project: (1) an application for certification by the DOE ("application for DOE certification"), and (2) an application for certification under § 48C(d)(2) by the Service ("application for § 48C certification"). Both applications may be submitted only during the 2-year period beginning on August 14, 2009. Certification will be issued and credits will be allocated to projects in annual allocation rounds. The initial allocation round was conducted in 2009-10, and if necessary, additional allocation rounds in 2010-11.
Emergency Justfication:
The Department of the Treasury and the Internal Revenue Service (IRS) are requesting a reinstatement of OMB Control Number 1545-2151 (Qualifying Advanced Energy Project Credit) under emergency procedures in connection with provisions of Congress passed by § 13501 of Public Law 117-169, 136 Stat. 1818 of the Inflation Reduction Act of 2022 (IRA22), on August 16, 2022. Section 13501(a) of the IRA22 adds § 48C(e) to the Internal Revenue Code (“Code”) to extend the § 48C credit and to provide an additional credit allocation of $10 billion. Section 13501(b) of the IRA22 modifies the definition of a “qualifying advanced energy project” contained in § 48C(c)(1)(A). Section 13501(c) and (d) of the IRA22 make conforming amendments to § 48C(c)(2)(A) and (f). The amendments made by § 13501 of the IRA22 became effective on January 1, 2023. See § 13501(e) of the IRA22. The IRA22 requires the Secretary to establish a program to consider and to award credits for qualified investments eligible for credits under § 48C not later than 180 days after enactment (February 13, 2023). IRS Notice 2023-18 establishes the program under § 48C(e)(1) of the Code to allocate $10 billion of credits ($4 billion of which may only be allocated to projects located in certain energy communities) for qualified investments in eligible qualifying advanced energy projects (§ 48C(e) program). A qualifying advanced energy project (1) re-equips, expands or establishes an industrial or manufacturing facility for the production or recycling of certain clean energy technologies specified in Notice 2023-18; (2) re-equips any industrial or manufacturing facility with equipment designed to reduce greenhouse gas emissions by at least 20% through the installation of certain technologies specified in Notice 2023-18; or (3) re-equips, expands, or establishes an industrial facility for the processing, refining, or recycling of critical materials (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)). A taxpayer must submit, for each qualifying advanced energy project: (1) a concept paper for Department of Energy (DOE) consideration and (2) a § 48C(e) application (consisting of (i) an application for DOE recommendation and (ii) an application for § 48C(e) certification). To be eligible to claim any § 48C credits allocated to a project under the § 48C(e) program, a taxpayer must also provide to DOE (1) evidence establishing that a project satisfies the certification requirements specified in Notice 2023-18 and (2) a notification that the project has been placed in service. Therefore, due to the extraordinary circumstances and statutory deadlines for implementing the Section 13501 of the IRA22, the Treasury and IRS, in consultation with DOE, request emergency processing of this information collection request by May 31. Given the inability to seek public comment during such a short timeframe, IRS also respectfully requests a waiver from the requirement to publish a notice in the Federal Register seeking public comment during the period of Office of Management and Budget review. However, public comment will be solicited in conjunction with the subsequent extension of the approval to collect this information.
Authorizing Statute(s):
US Code:
26 USC 48C (e)(1)
Name of Law: Qualified Advanced Energy Project Program
Citations for New Statutory Requirements:
PL: Pub.L. 117 - 169 13501 Name of Law: Inflation Reduction Act of 2022
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Qualifying Advanced Energy Project Credit Allocation Program - Application
Qualifying Advanced Energy Project Credit Allocation Program - Concept Papers
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
5,000
0
5,000
0
0
0
Annual Time Burden (Hours)
31,750
0
31,750
0
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
Section 13501(a) of the Inflation Reduction Act of 2022 extends the 48C credit to provide an additional credit allocation of $10 billion. Therefore, IRS is reinstating the OMB approval of 1545-2151 – Qualifying Advanced Energy Project Credit.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
Yes
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Philip Tiegerman 202 927-9524 philip.tiegerman@irscounsel.treas.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
05/31/2023
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