Proposed Regulations for Clean Electricity Facilities and Energy Storage Technologies

August 5, 2024

Proposed Regulations for Clean Electricity Facilities and Energy Storage Technologies

August 5, 2024

Tax Tip for Business Owners: Proposed Regulations for Clean Electricity Facilities and Energy Storage Technologies

Hey business owners! Here's a hot tax tip straight from the IRS that's worth your attention, especially if you're business involves clean energy. The Department of the Treasury and the IRS have issued proposed regulations under the Inflation Reduction Act of 2022, targeting owners of qualified clean electricity facilities and energy storage technologies. Let's break it down for you.


What Are the Proposed Regulations About?

These proposed regulations are designed to guide taxpayers who wish to claim tax credits for producing electricity from qualified clean electricity facilities or for making qualified investments in such facilities or energy storage technologies. The goal is to help you understand how to maximize these credits and support your clean energy initiatives.

Learn how to maximize your tax credits with clean electricity production and investment credits in the woodlands tx with Freese, Peralez & Associates.

The Clean Electricity Production and Investment Credits

The Inflation Reduction Act of 2022 introduced two significant credits:

Clean Electricity Production Credit: This credit applies to electricity produced from a qualified clean electricity facility.

Clean Electricity Investment Credit: This credit is for qualified investments in clean electricity facilities or energy storage technologies.


What Facilities Qualify?

The regulations define what constitutes a qualified clean electricity facility and energy storage technology. Here's a simple example to illustrate:

Imagine you own a solar power plant that's fully operational after 2024. This plant qualifies as a clean electricity facility.

You decide to invest in advanced battery storage technology to store the solar energy produced. This investment can also qualify for the energy storage technology credit.


Key Points Covered in the Proposed Regulations

The proposed regulations cover several critical areas, including:

Calculating Credits: Detailed guidance on how to calculate the amount of credit you can claim.

Defining Qualified Facilities: Clear definitions of what makes a facility or technology qualify for these credits.

Metering Devices: Explanation of what metering devices are included.

Related and Unrelated Persons: Rules to identify relationships between entities.

Expansion Rules: Guidelines on how expanding an existing facility affects your eligibility.

Recapture Rules: Information on situations where you might have to repay the credits.

Greenhouse Gas Emissions: Definitions and rules regarding emissions and carbon capture.

Provisional Emissions Rates: Pathways for facilities to obtain a provisional emissions rate.


Maximizing Your Tax Benefits

Let's say you run a growing business in The Woodlands and decide to invest in a wind farm. Not only will you contribute to clean energy, but you can also benefit from significant tax savings. By applying the clean electricity production credit, you reduce your taxable income based on the electricity your wind farm produces. Furthermore, if you invest in battery storage for your wind farm, the clean electricity investment credit can further enhance your tax benefits.


How to Provide Feedback

The IRS invites public comments on these proposed regulations. This is your chance to voice your thoughts and help shape the final rules. For more details, visit the Inflation Reduction Act of 2022 page on IRS.gov.


Connect With Us

At Freese, Peralez & Associates, LLC, we're here to help you understand these new regulations and maximize your tax benefits. If you’d like to discuss your business in more detail or have questions, please fill out the Contact Us form so we can schedule a time to talk. Let’s harness the power of clean energy together!



By staying informed and leveraging these tax credits, you can not only boost your bottom line but also make a positive impact on the environment. Now that’s a win-win!

FPA Executive Tax Brief Issue 007 covering Section 163(j), IRIS, Opportunity Zones, Section 45X and
September 1, 2026
FPA Brief 007 covers Section 163(j), the FIRE-to-IRIS transition, Opportunity Zones 2.0, Section 45X sourcing rules and September estimated taxes.
Executive tax and trade planning for semiconductor manufacturing, real estate, workforce benefits
August 24, 2026
FPA Brief covers conservation easement enforcement, polysilicon tariffs, the Section 48D deadline, Trump Account employer contributions and Canada trade retaliation.
FPA Executive Tax Brief Issue 005 covering overtime reporting, international tax compliance, manufac
August 17, 2026
FPA Executive Tax Brief 005 covers overtime reporting, Form 5472, manufacturing costs, the $32M contractor threshold and 2026 Opportunity Zone gains.
August 10, 2026
FPA Executive Tax Brief 004 covers paid-leave credits, Canadian tariffs, R&D reporting, residential contract accounting and IRS Business Tax Account updates.
FPA Executive Tax Brief Issue 003 covering tariffs, international tax, manufacturing facilities, Opp
August 4, 2026
FPA Executive Tax Brief 003 explains new tariffs, NCTI, production-property expensing, Opportunity Zone guidance, and proposed IRS reforms.
FPA Executive Tax Brief Issue 002 covering tax developments affecting construction, manufacturing,
July 28, 2026
The FPA Executive Tax Brief covers this week's most important developments affecting construction, manufacturing, real estate, and international businesses
July 22, 2026
FPA Executive Tax Brief™ Issue No. 001 | Week of July 21–27, 2026 Strategic Tax Intelligence for CEOs, CFOs & Growth-Focused Business Owners Estimated Reading Time: 7 Minutes Industries Covered This Week ✔ Construction ✔ Manufacturing ✔ Real Estate Development ✔ Multi-State Businesses
Kwong v United States
May 29, 2026
Learn how the Kwong v. United States decision may create IRS penalty refund opportunities for businesses that paid penalties during the COVID disaster period.
May 26, 2026
Section 179 vs Bonus Depreciation: Which Strategy Is Right for Mid-Market Companies?
Nexus tax exposure map showing multi-state risk for growing businesses
May 19, 2026
Nexus tax exposure can be triggered by revenue alone. Learn how multi-state businesses can identify risk, avoid penalties, and strategically manage tax obligations.