View Rule

Pub. L. No. 119-21, 139 Stat. 72 (2025), commonly known as the One Big Beautiful Bill Act, creates IRC sections 7701(a)(51) and (52), prohibited foreign entity (PFE) rules to generally limit the availability of sections 45U, 45Y, 48E, 45X, 45Z, 45Q, and 6418, impose new and increase existing penalties under sections 6417, 6662, and 6695B, increase the tax from recapture under section 50, and extend the statute of limitations under section 6501 for PFE-related noncompliance. These proposed regulations would advance the goals of Executive Orders 14315 (Ending Market Distorting Subsidies for Unreliable, Foreign-Controlled Energy Sources), 14154 (Unleashing American Energy), and 14272 (Ensuring National Security and Economic Resilience Through Section 232 Actions on Processed Critical Minerals and Derivative Products) by providing rules governing the PFE provisions that restrict PFEs and projects involving PFEs from claiming energy tax credits.