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TREAS/IRS RIN: 1545-BO40 Publication ID: Fall 2022 
Title: Definition of Qualifying Energy Property, Section 48 Investment Tax Credit 

This project was initiated to provide new and updated definitions at section 1.48-9 of the Income Tax Regulations for energy property eligible for the energy credit under 26 U.S.C. 48. Due to statutory amendments, Treasury Regulation section 1.48-9 does not currently reflect 26 U.S.C. section 48.  We anticipate that the proposed regulations will also provide other rules applicable to energy property, such as rules for dual use property, application of the 80/20 Rule to retrofitted energy property, and eligibility of off-site components of energy property.  Public Law 117-169, 136 Stat. 1818 (August 6, 2022), commonly known as the "Inflation Reduction Act", made several changes to section 48.  We will be issuing a notice requesting comments on the changes made to section 48 by the IRA.  Therefore, we anticipate that these propped regulations will also address issues raised due to the IRA amendments.

Agency: Department of the Treasury(TREAS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 26 CFR 1.48-9   
Legal Authority: 26 U.S.C. 7805    26 U.S.C. 48   
Legal Deadline:  None
Action Date FR Cite
NPRM  05/00/2023 
Additional Information: REG-132569-17 (NPRM) Drafter attorney: Martha Garcia (202) 317-6853 Reviewer attorney: Jennifer Records (202) 317-6853 Treasury attorney: Kimberly Wojcik (202) 819-5365 and Jennifer Bernardini (202) 622-6473 CC:PSI
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Martha M. Garcia
Department of the Treasury
Internal Revenue Service
1111 Constitution Avenue NW,
Washington, DC 20224
Phone:202 317-6853