Clean and renewable energy components
The §45X Advanced Manufacturing Production Credit was established by the Inflation Reduction Act of 2022 (IRA) to incentivize domestic manufacturing of renewable energy components and critical minerals. This tax credit aims to bolster the production of solar, wind, and battery components, as well as the refining or recycling of critical minerals, by providing financial incentives to manufacturers.
The primary goal of the §45X credit is to support the growth of the renewable energy sector in the United States. By offering a production tax credit, the government encourages manufacturers to invest in the production of essential components for renewable energy systems, thereby promoting clean energy and reducing reliance on imported materials.
Who Qualifies
The §45X credit is available to US-based manufacturers producing eligible components used for renewable energy technologies, energy storage, and specified critical minerals. To qualify, the components must be manufactured in the United States or its possessions and sold to unrelated parties. Components produced at facilities that have claimed the IRC Section 48C credit are not eligible for the §45X credit.
Effective Period
The §45X credit is effective from January 1, 2023, through December 31, 2032. Most components will see a phase-down in credit value starting in 2030, with the credit value reducing to 75% in 2030, 50% in 2031, and 25% in 2032. Critical minerals are exempt from this phase-out.
Production Requirements
To qualify for the §45X credit, components must be substantially transformed into a complete and distinct eligible component. This means that the manufacturing process must involve significant changes to the constituent elements, materials, or subcomponents to create a new product.
Eligible Components
Manufacturers must provide detailed documentation of the manufacturing process, goods produced, and sales records to qualify for the §45X credit. This includes records of production and sale to unrelated parties, as well as certifications from suppliers for critical minerals and electrode active materials.
Credit Calculation
The §45X tax credit is calculated based on the production volume of eligible components within a tax year. There are three primary methods for calculating the credit:
Solar Energy Components:
Inverters:
Wind Components:
Battery Components:
Critical Minerals:
Manufacturers have several options for utilizing the 45X credit:
The process for claiming the 45X credit involves several steps:
Manufacturing facilities that are eligible for the 45X credit may also qualify for the 48C investment tax credit for qualifying advanced energy projects. The 48C program provides a one-time credit worth 30% to 40% of the value of an investment in a new manufacturing facility. However, facilities that have claimed the 48C credit cannot claim the 45X credit for components produced within that facility. It is possible for separate sections of a facility to claim each credit for different processes if managed carefully.
Contract Manufacturing
The IRS allows for contract manufacturing arrangements, provided there is clear documentation regarding which entity is entitled to claim the credit. A contract manufacturing agreement must include a statement acknowledging who will claim the credits and a penalty of perjury statement.
Monitoring and Management
Ongoing monitoring and management are essential to evaluate changes to products and processes over the entire lifespan of the credit period. Establishing proper controls helps protect against any risk of recapture. A monitoring program should include data validation processes, evaluations of new products and production activities, and customer relationship tracking.