The Inflation Reduction Act will direct billions of dollars to subsidize clean energy in the form of tax credits. But those tax credits need to be bought and sold, requiring a whole industry to stand up between developers and corporate taxpayers looking to reduce their tax liabilities.
A key pillar of this emerging industry is Crux, which functions as a marketplace for these deals, which said Monday in its mid-year market intelligence report that it expects to see $20 billion to $25 billion worth of these transactions by the end of this year, with $9 billion to $11 billion having already occurred in the first half of the year, surpassing the $7 billion to $9 billion in total transactions Crux estimated for last year. Crux has been working to put itself quite literally at the center of this quickly growing industry, raising tens of millions of dollars from both technology venture capital investors as well as the renewables industry.
Clean energy tax credits that subsidize both investment and production of renewables are nothing new. What is new is that the Inflation Reduction Act made them “transferable,” meaning that the taxpayer who was able to reduce their tax liability didn’t have to be directly involved with the project in order to get the tax benefits, they could simply buy them.
This has drawn a wider range of participants into the market, Alfred Johnson, Crux’s co-founder and chief executive officer, told me. Transferability was written into the tax credits “in part to make up for the low demand that is inherent to the tax equity market” when only certain taxpayers can participate, he said. “So far, we have seen family offices, companies of all shapes and sizes. We’ve seen food and ag companies and retailers and different kinds of financial institutions and manufacturers.” The Financial Times even reported that cash-rich (and therefore tax liability-rich) oil and gas companies were buying tax credits from renewable developers.
In the past, the tax credits accrued to the actual investors and developers in projects, who often didn’t have enough taxable income to fully benefit from the available credits, so banks would then often be brought in to own some of the project and reap the tax benefits. This was a complicated system that would seize up if, for some reason, the taxable corporate income of banks disappeared, like during a global financial crisis. “Clean energy investment has long been constrained by the scarcity of tax equity investors relative to the addressable market,” the law firm White and Case wrote in a note to clients.
Now, with transferability, tax credits can be essentially sold for cash. But it’s not quite a dollar-for-dollar transfer. According to Crux’s data, pricing for these deals has improved slightly in the first half of the year, going up from 94 cents for a dollar of production tax credits in 2023 to 95 cents in 2024, and from 92 cents for investment tax credits to 92.5 cents. Deals have also gotten larger on average, although some of this is due to more tried-and-true projects coming to market earlier in the year, namely wind, solar, and storage, whereas last year saw a more diverse range of often smaller deals, including advanced manufacturing credits, which were newly introduced by the Inflation Reduction Act.
The investment bank Evercore estimates that the total addressable market for tax credit trading could get to $100 billion annually by 2030. And make no mistake: Those tax equity investors are doing it for the money. While some deals are struck as part of a company’s sustainability or climate change mandates, when Crux surveyed buyers and their advisors, 78% said they made these deals to reduce their effective tax rates, compared to 58% who said they supported clean energy development and 40% for other sustainability goals.
While many of the questions around the next year are around whether or not the IRA and its tax credit regime will survive the outcome of the election in November — and dealmakers who work on this stuff every day seem confident that it will, for the most part — the shape of corporate liabilities could change in next year or beyond. Donald Trump has mused to Bloomberg about bringing down corporate tax rates to 15% from their current level of 21%. The Crux report notes that even debating such a bill can end up “stifling demand” for tax credits.
But looking forward, Johnson notes, the market appears to be confident that those who have tax liabilities in 2025 and even 2026 think tax equity will be there for them. “People are electing to commit on a production tax credit that goes well out into the future, or an investment tax credit that will be earned in 2025, or 2026,” Johnson said.
“I think that’s indicative of the market’s interpretation of risk, right? If the market thought that those 2026 credits would not be around, then you wouldn’t see as much as that,” Johnson said. He also noted that both the production and investment tax credits have typically been extended (although the uncertainty about extension can weigh on developers and tax equity investors) under just about every partisan configuration of Capitol Hill and the White House.
“You could certainly imagine scenarios, both from macroeconomic and a policy perspective, where the amount of taxes paid by companies went up or went down. But I think we are well covered right now in the market at the current volumes,” Johnson said.
Courtesy of U.S. Forest Service
