A welcome clean energy surprise: Inflation Reduction Act includes energy tax extensions and expansions

Eversheds Sutherland (US) LLP
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Eversheds Sutherland (US) LLP

In a surprising turn of events, late on July 27, 2022, Senators Manchin (D-WV) and Schumer (D-NY) released the Inflation Reduction Act of 2022. The Act, which runs 725 pages, includes numerous energy tax provisions aimed at enhancing US energy security. Tax pay-fors in the bill include a corporate minimum tax and an increase in the tax rate on carried interest. A summary of the bill was also released.

Energy tax highlights of the Act include:

  • Extensions and expansions of the Section 45 production tax credit and the Section 48 investment tax credit.
  • Extension and expansion of the Section 45Q carbon capture and sequestration credit.
  • Additional tax credits for zero-emission power production, clean energy production and clean hydrogen production.
  • Extension of biodiesel and alternative fuels credits and inclusion of a sustainable aviation fuel credit.
  • Direct pay for tax-exempt entities, state or local governments (or political subdivisions thereof), the Tennessee Valley Authority, an Indian tribal government, or any Alaska Native Corporation.

Eversheds Sutherland Observations: The energy tax provisions in the bill are substantial, running over 300 pages. As we continue to consider the implications of these provisions, taxpayers will need to evaluate the impact on existing agreements, including agreements intended to begin construction on renewable energy projects in 2022, and on agreements that are currently being negotiated. Although many of these provisions are reminiscent of provisions of the Build Back Better Act, there are substantial differences that will need to be considered.

Although the introduction of this bill is welcome news, given the very narrow majorities that the Democrats have in both the Senate and House (and the expectation that the bill will not receive any Republican support), passage of the bill is uncertain. With Congress heading into the August recess, we should learn very shortly whether this bill will be enacted into law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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