IRS Issues Final Rule on Bonus Tax Credit for Solar and Wind Projects
This week, the U.S. Department of Treasury and the Internal Revenue Service released final rules and procedural guidance related to a bonus credit that taxpayers may be eligible to claim in conjunction with qualified solar or wind facilities under the Section 48 Investment Tax Credit (ITC).
The final rule and guidance released covers the Low-Income Communities Bonus Credit under the ITC. This is one of several credit bonuses included in the Inflation Reduction Act which taxpayers may be able to claim when installing eligible clean energy equipment.
The ITC is most applicable to multifamily projects that include equipment used for clean energy production. This credit is typically associated with solar and wind technology, but also includes geothermal, biogas property and several other technologies. The base tax credit is equal to 6% of the project cost, but the Inflation Reduction Act included several bonus tiers that could max the credit out at 70% of the eligible project cost.
For projects that meet specific prevailing wage and apprenticeship requirements, the base credit of 6% is increased by a factor of 5 to 30%. Projects with a maximum net output of less than 1 megawatt are not subject to the prevailing wage and apprenticeship requirements and qualify for the 30% credit. If the property meets U.S. domestic content requirements, the credit amount increases by 10%. If the project is located in an “energy community,” generally defined as brownfield sites and areas associated with fossil fuels, the credit increases by 10%.
Finally, energy projects that involve a low-income community may be eligible for an additional bonus. Projects on Indian land or located in qualifying areas with high poverty rates may be eligible for a 10% bonus. Projects associated with a qualified low-income residential building, which includes Section 42 Low-Income Housing Tax Credit projects and other covered projects as defined by the Violence Against Women Act, or projects that provide at least half of the financial benefit of the electricity produced to low-income households, may be eligible for a 20% bonus
Unlike the other bonus credit tiers, the Low-Income Communities Bonus Credit is limited to solar and wind technologies. And unlike a typical tax credit that is claimed by the taxpayer if they meet the qualifying requirements, this bonus credit is capacity limited. Known as the “environmental justice solar and wind capacity limitation,” it is limited to 1.8 gigawatts of direct current capacity for each of calendar year 2023 and 2024. This requires eligible projects to compete for an allocation under the environmental justice solar and wind capacity limitation in order to claim the credit bonus. This allocation process is unique to the Low-Income Communities Bonus Credit; the base ITC and other bonus categories are not subject to capacity limits.
The allocation is administered by the Department of Energy (DOE). DOE expects to open up the application portal in the early fall, and more information regarding the application process will be made available here.
NAHB is providing this information for general information only. This information does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind nor should it be construed as such. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers.
Latest from NAHBNow
Dec 09, 2025
Mortgage Rates Hit Lowest Level in Over a YearThe average mortgage rate continued to trend lower in November to its lowest level in over a year. According to Freddie Mac, the 30-year fixed-rate mortgage averaged 6.24% in November, 2 basis points (bps) lower than in October.
Dec 08, 2025
HOAs are on the Rise Again for New HomesFrom 2009 to 2020, more and more new single-family homes were built within a community or homeowner’s association. During the COVID-19 pandemic, a decade-long trend began to dip but the most recent data shows an upswing again.
Latest Economic News
Dec 08, 2025
Community Associations: A Growing Trend in 2024In 2024, 65.7% of all new single-family homes started were built within a community or homeowner’s association. This share increased from the 64.8% recorded in 2023, according to data tabulated from the Census Bureau’s Survey of Construction (SOC).
Dec 05, 2025
Mortgage Rates Continue to Trend Lower in NovemberThe average mortgage rate in November continued to trend lower to its lowest level in over a year. According to Freddie Mac, the 30-year fixed-rate mortgage averaged 6.24% in November, 2 basis points (bps) lower than in October. Meanwhile, the 15-year rate increased 3 bps to 5.51%.
Dec 04, 2025
Number of Bathrooms in New Single-Family Homes in 2024Single-family homes started in 2024 typically had two full bathrooms, according to the U.S. Census Bureau’s Annual Survey of Construction. Homes with three full bathrooms continued to have the second largest share of starts at around 23%. Meanwhile, both homes with four full bathrooms or more and homes with one bathroom or less made up under ten percent of homes started.