Energy storage technology transfer act

Which energy storage technology qualifies for section 48E?

Any energy storage technology that qualifies under Section 48 also will qualify under Section 48E; this is a different standard than emission-based measurement for generation, which requires zero or net-negative carbon emissions.

Can a taxpayer claim a production tax credit on energy storage technology?

The preamble to the proposed regulations suggests that there is a broader principle that allows a taxpayer to claim the ITC on energy storage technology that is co-located with a qualified facility (such as a wind facility) with respect to which the taxpayer claims the production tax credit under Section 45 (the “ PTC ”).

What technologies are covered under Section 48?

The Proposed Regulations provide critical guidance on long-standing technologies incentivized under Section 48, including solar, wind, biomass and geothermal, as well as newer qualifying technologies added to Section 48 by the Inflation Reduction Act of 2022 (IRA) – among them energy storage and qualified biogas property.

Is energy storage technology a dual use property?

In addition, the proposed regulations prospectively incorporate a modified version of the Dual Use Rule for other traditionally dual use property (other than energy storage technology), but reduce the “cliff” from 75% to 50%. As revised by the IRA, Section 48 includes energy storage technology in the definition of energy property.

Are energy storage installations eligible for ITC?

Energy storage installations that are placed in service after Dec. 31, 2022, and begin construction prior to Jan. 1, 2025, are entitled to the existing ITC under Section 48 (a).

Is energy storage eligible for the IRA ITC?

Standalone energy storage is not eligible for this credit, but energy storage installed in connection with wind and solar projects may be eligible. In addition to all the changes for the ITC, the IRA also revised the Section 25D credit homeowners use for residential energy storage projects, such as batteries.