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

Mar 30, 2026

Micro Markets Lone Bright Spot for Single-Family Home Building in Fourth Quarter

In a sign of ongoing affordability challenges and a tepid housing market, single-family construction fell across all geographic regions in the second half of 2025, with the exception of low-density, low-populated micro counties. Conversely, multifamily construction posted gains across all geographic regions. These are the major findings of the latest NAHB Home Building Geography Index (HGBI) for the final two quarters of 2025 released today.

Economics

Mar 27, 2026

Aging Housing Stock Keeps Demolition Activity Elevated

Residential demolition activity in 2025 dipped slightly by 0.1% compared to 2024, but remained well above pre-pandemic levels. Teardowns are widely viewed as a signal of reinvestment, often indicating where new construction is likely to follow.

View all

Latest Economic News

Economics

Mar 30, 2026

NAHB HBGI: Micro Markets Lone Bright Spot for Single-Family Building in Fourth Quarter

Single-family construction declined further in the fourth quarter in all but sparsely populated micro counties, according to the NAHB Home Building Geography Index (HBGI).

Economics

Mar 26, 2026

State/Local Property Tax Revenue Rises Past $210 Billion in the Fourth Quarter

Property tax revenue collected by state and local governments rose for the ninth consecutive quarter according to the Census Bureau’s quarterly summary of state and local tax revenue.

Economics

Mar 25, 2026

Age of Housing Stock by State

According to the latest data from the 2024 American Community Survey (ACS), the median age of owner-occupied homes has reached 42 years old. The age of the housing stock is an important remodeling market indicator.