Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
The Internal Revenue Service has released proposed regulations and frequently asked questions regarding the “direct pay,” or “elective pay,” provision of the Inflation Reduction Act.
Elective pay allows states, local governments, nonprofits, and other eligible entities to access clean energy tax credits that are outlined in the IRA through a payment from the IRS. Tax-exempt entities that fulfill the requirements of eligible tax credit programs may elect to receive a payment in lieu of a tax credit.
The IRS’s proposed regulations describe rules for the elective payment of these credit amounts in a taxable year, including definitions and special rules applicable to partnerships and S corporations and regarding repayment of excessive payments. The proposed regulations also describe rules related to an IRS pre-filing registration process that would be required.
Municipalities wishing to receive an elective payment will be required to file an annual tax return and indicate the election on their return. The IRS said it will be releasing guidance outlining how such a return will be filed.
Municipalities will be required to complete a pre-filing registration process and satisfy all program eligibility requirements for the tax and applicable bonus credits. Documentation will be required to substantiate the filing, and returns must be filed on time.
Elective pay will be available through the following Production Tax Credit and Investment Tax Credit programs:
• Renewable Electricity Production Tax Credit
• Energy Investment Tax Credit
• Carbon Capture and Sequestration Tax Credit
• Advanced Energy Project Credit
• Nuclear Power Production Tax Credit
• Clean Electricity Investment Tax Credit
• Clean Hydrogen Production Tax Credit
• Commercial Clean Vehicle Credit
• Advanced Manufacturing Production Tax Credit
• Alternative Fuel Refueling Property Credit
• Clean Electricity Production Tax Credit
• Clean Fuel Production Credit
The proposed elective pay regulations are available on Regulations.gov, where public comments may be submitted until Aug. 14.
Enacted last summer, the Inflation Reduction Act is intended to provide funding and incentives to expand clean energy production, transform rural power production, reduce greenhouse gas emissions, create jobs, and spur economic growth.