The National Law Review
The US stimulus bill passed into law yesterday includes several key extensions and additions to the tax credits available for renewable energy. The bill had been agreed to by Congress early last week and signed into law by the president last night.
The investment tax credit (ITC) under Section 48 was extended by two years. That is, a solar project that begins construction in either 2020, 2021 or 2022 is eligible for a 26% ITC. A solar project that begins construction in 2023 is eligible for a 22% ITC. Solar projects that begin construction after 2023 are only eligible for a 10% ITC. Likewise, solar projects that are placed in service after 2025 are only eligible for a 10% ITC.
The ITC was also extended by two years for other technologies, including fuel cells, microturbine, combined heat and power and small wind energy property. Fuel cells and small wind energy property are still subject to a phase-out, also extended by two years. That is, fuel cell and small wind energy property are eligible for a 26% ITC when construction begins in 2020, 2021 or 2022, and a 22% ITC when construction begins in 2023. The ITC for these technologies drops to 0% if construction begins after 2023, or if the project is placed in service after 2025. For microturbine and combined heat and power, the ITC is 10% if construction begins before 2024, and drops to 0% if construction begins after 2023.