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TREAS/IRS | RIN: 1545-BO40 | Publication ID: Fall 2023 |
Title: Definition of Qualifying Energy Property, Section 48 Investment Tax Credit | |
Abstract:
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. Public Law 117-169, 136 Stat. 1818 (August 6, 2022), commonly known as the "Inflation Reduction Act", made several changes to section 48. IRS issued Notice 2022-49 on October 5, 2022, requesting comments on changes made to section 48 by the IRA. We received several comments in response to this notice. 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. Some of these additional rules will be added to new 1.48-14. |
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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 26 CFR 1.48-14 | |
Legal Authority: 26 U.S.C. 7805 26 U.S.C. 48 |
Legal Deadline:
None |
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Timetable:
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Additional Information: REG-132569-17 (NPRM) Drafter attorney: Martha Garcia (202) 317-6853, Boris Kukso (202) 317-6853 Reviewer attorney: Caroline Hay (202) 317-6850 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 Attorney Department of the Treasury Internal Revenue Service 1111 Constitution Avenue NW, Washington, DC 20224 Phone:202 317-5123 Email: martha.m.garcia@irscounsel.treas.gov Boris Kukso Attorney Department of the Treasury Internal Revenue Service 1111 Constitution Avenue NW, Washington, DC 20224 Phone:202 317-6853 Email: boris.kukso@irscounsel.treas.gov |