IRS Releases Draft Regulation, FAQ on Transferability of Energy Tax Credits

Regulations
Published
Contact: J.P. Delmore
[email protected]
AVP, Government Affairs
(202) 266-8412

The Internal Revenue Service released a draft regulation and a list of frequently asked questions regarding the new election taxpayers may take to transfer certain energy tax incentives to other parties. For purposes of residential construction, this option generally applies to the Investment Tax Credit (Sections 48 and 48E) and the Production Tax Credit (Sections 45 and 45Y).

Transferability allows a taxpayer who generates certain clean energy tax credits to elect to transfer (i.e., sell) all or a portion of a tax credit to an unrelated third-party transferee (i.e., buyer) in exchange for cash. In such transactions, the buyer and seller negotiate and agree to the terms and pricing.

This guidance also includes information on the “elective pay” option available to non-profits, state and local governments, and certain other eligible entities. Elective pay allows entities that do not have tax liability to take advantage of these clean energy tax incentives through a direct payment from the Treasury Department.

The Investment Tax Credit and the Production Tax Credit are federal tax credits for installing qualifying clean energy technology, such as solar panels, as part of a commercial project, such as a multifamily building.

The Treasury Department also announced it intends to hold a series of webinars on the topic during the summer, beginning Thursday, June 29. Information on how to register can be found here.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Economics
Aug 17, 2026
Affordability Pressures Keep Builder Confidence Low

Builder confidence in the market for newly built single-family homes inched up one point to 35 in August, according to the NAHB/Wells Fargo Housing Market Index (HMI) released today.

Regulations | Environmental Issues
Aug 14, 2026
Administration Acts on 3 Key NAHB Deregulatory Priorities

Two regulations will become effective under the Endangered Species Act (ESA) on Aug. 20, and a third final rule rescinding the ESA’s 45-year-old “harm” regulatory definition becomes effective next month.

View all

Latest Economic News

Economics
Aug 17, 2026
Consumer Credit Slowed in Q2

In the second quarter of 2026, consumer credit growth slowed over the quarter and was lower than a year ago. According to the Federal Reserve’s G.19 Consumer Credit Report, total outstanding U.S. consumer credit reached $5.17 trillion in the second quarter of 2026.

Economics
Aug 17, 2026
Affordability Pressures Keep Builder Confidence Low

Builder sentiment remains muted from economic and geopolitical uncertainty, elevated mortgage rates and rising construction costs.

Economics
Aug 14, 2026
Single-Family Permitting Declines Through June in Contrast to Multifamily

Single-family permitting activity continued to weaken through the first half of 2026, while multifamily permitting remained somewhat stronger compared with the same period last year.