Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Energy

The Last Minute Rush to Qualify for Clean Energy Tax Credits

Or, why developers may be loading up on solar panels and transformers.

An hourglass.
Heatmap Illustration/Getty Images

As the Senate gets to work on the budget reconciliation bill, renewables developers are staring down the extremely real possibility that the tax credits they’ve planned around may disappear sooner than expected. In the version of the bill that passed the House, most renewables projects would have to begin construction within 60 days of the bill’s passage and be “placed in service” — i.e. be up and running — by the end of 2028 to qualify for investment and production tax credits.

But that’s tax law language. The reconciliation bill will almost certainly mean grim tidings for the renewable industry, but it will be Christmas for the tax attorneys tasked with figuring out what it all means. They may be the only ones involved in the energy transition to come out ahead, David Burton, a partner at Norton Rose Fulbright — “other than the lobbyists, of course,” he added with a laugh.

If the timeline restrictions on the investment and production tax credits make it to the final law, within 60 days after it’s enacted, developers will likely have to demonstrate that they’ve done some kind of physical work on a project — or spent a serious amount of money to advance it — in order to qualify for the tax credits.

The IRS has a couple of existing tests and guidelines: the 5% safe harbor and the physical work test.

The 5% harbor rule is the most common way to demonstrate a construction start, Burton told me. But it’s not cheap. That 5% refers to the total cost of a project, meaning that a company would have to shell out a lot of money very quickly to keep hold on those tax credits. For example, a 100-megawatt solar project that costs $1.25 per watt — about the average cost for a utility-scale project according to the National Renewable Energy Laboratory — would cost a developer $6.25 million in initial outlays just to prove they’ve started construction to the satisfaction of the IRS.

There are any number of things to spend that money on. “For solar, the most common thing is modules. But it could be inverters, it could be racking,” Burton said.

Right now there’s a particular rush to get transformers, the electrical equipment used to step up voltage for the transmission of electricity from a generator, Burton added. That’s because transformers also fall under the second construction guideline, the “physical work test.” Developers can say they’ve started construction “when physical work of a significant nature begins, provided that the taxpayer maintains a continuous program of construction,” according to the law firm Leo Berwick.

This “significant physical work” can be split into onsite and offsite work. The former is what one might logically think of as “construction” — something along the lines of pouring foundations for wind turbines or building a road to bring in equipment.

Then there’s offsite. Ordering equipment qualifies as offsite work, Burton explained. But it has to be something that’s not held in inventory — this is why modules for a solar project don’t qualify, Burton said — the equipment must be built to order. Transformers are custom designed for the specific project, and can run into the millions of dollars.

“The guidance says expressly that step-up transformers qualify for this,” Burton told me. “It’s the only thing that guidance expressly states qualifies.”

This all adds up to a likely rush for transformer orders, adding more pressure onto a sector that’s been chronically under-supplied.

“The transformer manufacturers’ phones are ringing off the hook,” Burton said. “If I were the CFO of a transformer manufacturer, I would be raising my prices.”

While these tax rules may seem bewildering to anyone not a lawyer, they’re hardly obscure to the industry, which is well aware of how developers might react and is positioning itself to take advantage of this likely rush to start projects.

PV Hardware, which makes a type of solar equipment called a tracker that allows solar panels to track the movement of the sun, sent out a press release last week letting the world know that “it has the capacity to immediately Safe Harbor 5GW of tracker product, offering solar developers a critical opportunity to preserve eligibility for current clean energy tax credits amid legislative uncertainty.” Its trackers, the release said, would help developers meet the “thresholds quickly, mitigating risk and preserving the long-term viability of their project.”

The prospect of tariffs has also been an impetus to get construction work started quickly, Mike Hall, chief executive of the solar and storage data company Anza, told Heatmap. “There’s a slug of projects that would get accelerated, and in fact just having this bill come out of the House is already going to accelerate a number of projects,” Hall said.

But for projects that haven’t started, complying with the rules may be more tricky.

“For projects that are less far along in the pipeline and haven’t had any outlays or expenditures yet, those developers right now are scrambling,” Heather Cooper, a tax attorney at McDermott Will and Emery, told Heatmap. “I’ve gotten probably about 100 emails from my clients today asking me questions about what they can do to establish construction has begun on their project.”

And while developers of larger projects will literally have to do — or spend — more to qualify for tax credits under the new rule, they may still have an advantage.

“It’s increasingly clear to us that large-scale developers with the balance sheet and a pre-existing safe harbor program in place,” Jefferies analyst Julien Dumoulin-Smith wrote to clients last week, “are easily best positioned to keep playing the game.”

Additional reporting by Jael Holzman

Blue

You’re out of free articles.

Subscribe today to experience Heatmap’s expert analysis 
of climate change, clean energy, and sustainability.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Climate 101

Welcome to Climate 101

Your guide to the key technologies of the energy transition.

Welcome to Climate 101
Heatmap illustration/Getty images

Here at Heatmap, we write a lot about decarbonization — that is, the process of transitioning the global economy away from fossil fuels and toward long-term sustainable technologies for generating energy. What we don’t usually write about is what those technologies actually do. Sure, solar panels convert energy from the sun into electricity — but how, exactly? Why do wind turbines have to be that tall? What’s the difference between carbon capture, carbon offsets, and carbon removal, and why does it matter?

So today, we’re bringing you Climate 101, a primer on some of the key technologies of the energy transition. In this series, we’ll cover everything from what makes silicon a perfect material for solar panels (and computer chips), to what’s going on inside a lithium-ion battery, to the difference between advanced and enhanced geothermal.

There’s something here for everyone, whether you’re already an industry expert or merely climate curious. For instance, did you know that contemporary 17th century readers might have understood Don Quixote’s famous “tilting at windmills” to be an expression of NIMYBism? I sure didn’t! But I do now that I’ve read Jeva Lange’s 101 guide to wind energy.

That said, I’d like to extend an especial welcome to those who’ve come here feeling lost in the climate conversation and looking for a way to make sense of it. All of us at Heatmap have been there at some point or another, and we know how confusing — even scary — it can be. The constant drumbeat of news about heatwaves and floods and net-zero this and parts per million that is a lot to take in. We hope this information will help you start to see the bigger picture — because the sooner you do, the sooner you can join the transition, yourself.

Keep reading...Show less
Green
Climate 101

What Goes on Inside a Solar Panel?

The basics on the world’s fastest-growing source of renewable energy.

What Goes on Inside a Solar Panel?
Heatmap illustration/Getty Images

Solar power is already the backbone of the energy transition. But while the basic technology has been around for decades, in more recent years, installations have proceeded at a record pace. In the United States, solar capacity has grown at an average annual rate of 28% over the past decade. Over a longer timeline, the growth is even more extraordinary — from an stalled capacity base of under 1 gigawatt with virtually no utility-scale solar in 2010, to over 60 gigawatts of utility-scale solar in 2020, and almost 175 gigawatts today. Solar is the fastest-growing source of renewable energy in both the U.S. and the world.

Keep reading...Show less
Yellow
Climate 101

The Ins and Outs of Wind Energy

The country’s largest source of renewable energy has a long history.

The Ins and Outs of Wind Energy
Heatmap illustration/Getty Images

Was Don Quixote a NIMBY?

Keep reading...Show less
Green