Local governments, school districts, tribal governments and some tax-exempt entities that do not pay taxes can receive payments directly from the US Treasury as a one-time transaction with no ongoing report requirements for some of their clean energy projects in lieu of receiving tax credits.
The IRS has identified a five-step process to claim Elective Pay credits:
Eligible Entities
Local governments, school districts and tax-exempt entities that fall under Section 501 through 530 of the Tax Code are applicable entities. This means that organizations like homeowners associations and rural co-ops are eligible in addition to 501(c)3 organizations. .
More Information
The IRA expanded and enhanced an existing energy efficiency tax deduction, Energy Efficient Commercial Buildings Deduction (179D).
The energy efficiency deduction is a deduction, not a tax credit so it is not eligible for Elective Pay. Instead of claiming the deduction directly, tax-exempt entities can assign the deduction to the project designer.
Deduction Specifics
Under the IRA, the tax deductions of $0.63 to $1.88 per square foot is modified to $0.50 - $1.00 on a sliding scale based on savings achieved, with incentives increasing to $2.50 to $5.00 per square foot when the project meets prevailing wage and apprenticeship requirements.
Increasing energy efficiency 25% over the baseline will garner a $2.50/square foot tax deduction provided that prevailing wage and apprenticeship requirements are met. A 50% reduction would garner the $5.00/square foot tax deduction. The deduction is based on modeled energy savings; there are specific requirements about who does the modeling and what kind of model is used.
The tax deduction applies to both new construction and retrofits. And the tax deduction is permanent; there is no expiration provision in the legislation. This is also a tax deduction, not a tax credit. We encourage entities to discuss the potential deduction as part of project planning with both project contractors and tax advisors.
More Information
Less than 1 MW(ac)
The IRA will provide 30% funding for solar and wind installations of less than 1 MW(ac) on commercial facilities, with no maximum allowance. The 30% credit also applies to battery storage and interconnection charges.
Refer to Department of Energy summary for more information on the Investment Tax Credit for solar energy projects.
More about transitioning your organization to renewable energy is here.
1 MW or Larger
Systems that are 1MW (ac) or larger are eligible for a 6% Elective Pay Credit; that credit increases to 30% if the project meets Prevailing Wage and Apprenticeship requirements.
Additionally, beginning in 2024 there is a penalty for Elective Pay Credit projects over 1MW(ac) that do not meet the Domestic Content requirements. In 2024 the penalty is 10%, which increases to 15% in 2025. Beginning in 2026 projects over 1MW(ac) that do not meet Domestic Content requirements are not eligible for Elective Pay.
More about transitioning your organization to renewable energy is here.
Less than 1 MW(ac)
With the Investment Tax Credit entities can receive a 30% credit for geothermal installations and other renewable energy installations, including biogas.
(30% + 10%) - (15% x 40%) = 34%
Over 1 MW(ac)
If a renewable energy installation is over 1MW(ac) the Elective Pay credit is 6%; if prevailing wage and apprenticeship requirements are met the Elective Pay increases to 30%.
In situations where a facility is adding both solar and geothermal, the two systems might be considered parts of one whole (in which case the combined system must be under 1 MW(ac) or meet the prevailing wage requirements to receive the 30% credit) or be considered two separate clean energy projects (in which case the 1 MW(ac) maximum applies to each project). The consideration will depend on how the project is scoped and contracted. Refer to IRS guidance for more information for more details.
Additionally, beginning in 2024 there is a penalty for Elective Pay Credit projects over 1MW(ac) that do not meet the Domestic Content requirements. In 2024 the penalty is 10%, which increases to 15% in 2025. Beginning in 2026 projects over 1MW(ac) that do not meet Domestic Content requirements are not eligible for Elective Pay.
Under the IRA tax-exempt entities can receive Elective Pay credits to offset the costs of purchasing electic vehicles (EVs) and, in some cases, EV charging infrastructure.
The IRA includes separate provisions for clean fuel tax credits for consumers and businesses. Although the consumer credits include specifications around vehicle components, businesses are not subject to this provision. That means tax-exempt entities can claim the Elective Pay credit on a wider array of models than consumers can.
For qualified commercial clean vehicles, the credit equals the lesser of:
The maximum credit is $7,500 for qualified vehicles with gross vehicle weight ratings (GVWRs) of under 14,000 pounds and $40,000 for all other vehicles. The credit applies to road vehicles as well as mobile machinery, as defined in § 4053(8) of the Code. There is no limit on the number of credits your business can claim and elective pay is available for tax-exempt entities.
See also FAQs for the Commercial Clean Vehicle Credit
Vehicle Charging
Some tax-exempt entities that install EV chargers and station equipment at their property can qualify for a tax credit of up to 6% of the cost of charging equipment (or 30% if prevailing wage and apprenticeship requirements are met), up to a maximum credit of $100,000 per unit. Projects completed before December 31, 2022 are subject to the prior $30,000 cap.
Qualifying for Vehicle Charging Credits
To qualify, the equipment must be placed in a low-income community or a non-urban area. The US Treasury issued guidance details which areas are eligible; use this Department of Energy map to determine your individual eligibility.
Review the IRS guidelines for all of the specifics about this credit.
Learn more about how to comply with Prevailing Wage & Domestic Content requirements.
The federal government offers a variety of competitive grants specific to environmental justice issues. The best way to stay informed about these opportunities is to subscribe to federal newsletters like the White House Environmental Justice News and Updates. In addition, below are several sources to search for federal grant opportunities:
Climate Action Funding Guide - a guide to offer resources for locating federal funding opportunities.
Federal Funding Opportunities for Local Decarbonization (FFOLD) - this database includes decarbonization funding opportunities through the Federal Registratar, Grants.gov, and federal legislation. It is updated quarterly.
Grants.gov for all federal grant opportunities.
The Electrification Coalition has created an EV Funding Finder, a new tool that helps identify federal funding for electric vehicles from both the Infrastructure and Inflation Reduction Acts.
Public Service Commission OEI grant program. Wisconsin's state energy office periodically offers competitive grants related to energy efficiency, renewable energy, energy storage, energy planning, and more. Subscribe to their newsletter for updates.
Learn about the Village of McFarland's new public safety building and see how IRA tax credits benefitted this project.