The latest tax regulations for energy storage power stations

On December 4, 2024, the US Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued final regulations, TD 10015, (the “Final Regulations”), which provide guidance on the definition of energy property and the rules applicable for the energy credit.

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About The latest tax regulations for energy storage power stations

About The latest tax regulations for energy storage power stations

On December 4, 2024, the US Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued final regulations, TD 10015, (the “Final Regulations”), which provide guidance on the definition of energy property and the rules applicable for the energy credit.

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On December 4, 2024, the US Treasury and IRS issued final regulations (TD 10015) clarifying the definition of energy property and rules for the energy credit under Section 48 of the Internal Revenue Code. Key updates include modifications to the definition of qualified biogas property, rules for.

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6 FAQs about [The latest tax regulations for energy storage power stations]

What regulatory guidance has the government released on energy storage?

Of particular importance to the energy storage industry, the government has released final regulatory guidance for the ITC (both Section 48 and 48E of the Code), prevailing wage and apprenticeship (PWA) requirements, and transferability and direct payment, as well as other guidance on the energy community and domestic content tax credit “adders.”

How has the energy storage industry progressed in 2024 & 2025?

The energy storage industry has continued to progress over the course of 2024 and into 2025, buoyed in significant part by the federal income tax benefits in the form of tax credits enacted under the Inflation Reduction Act of 2022 (IRA).

Is energy storage technology eligible for the ITC?

With respect to energy storage technology, Treasury and the IRS alleviated some taxpayer concerns by confirming that energy storage technology is eligible for the ITC if it satisfies the requirements of Section 48, even if it is co-located with or shared by a facility that is otherwise eligible for tax credits under Sections 45, 45V, or 48.

What are the New IRA rules for energy storage?

Energy storage was one of the major beneficiaries of the IRA’s new rules on both the deployment and manufacturing sides. The IRA enacted the long-sought investment tax credit (ITC) under Section 48 and 48E of the Internal Revenue Code (the Code) for standalone energy storage facilities.

Are IRA tax benefits a viable option for energy storage facilities?

While the vitality of the IRA tax benefits in their current form is currently subject to uncertainty given the results of the 2024 federal general election, the existing market practice for financing energy storage facilities since the IRA’s passage continues to evolve in reaction to the act’s new requirements and opportunities.

What are the new energy regulations?

The regulations also address recapture rules, the 80/20 rule for retrofitted energy property, and the inclusion of qualified interconnection costs. These changes aim to provide clarity and flexibility for taxpayers in planning and compliance.

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