Treasury Regulations (26 C.F.R.)

26 CFR § 1.48(e)-0

Table of contents.

Official textecfr.govlast amended

This section lists the captions contained in § 1.48(e)-1.

§ 1.48(e)-1 Low-Income Communities Bonus Credit Program.

(a) In general.

(b) Qualified solar or wind facility defined.

(1) In general.

(2) Facility categories.

(i) Category 1 Facility.

(ii) Category 2 Facility.

(iii) Category 3 Facility.

(iv) Category 4 Facility.

(3) Single project treated as single facility.

(c) Eligible property.

(1) In general.

(2) Energy storage technology installed in connection with qualified solar or wind facility.

(3) Safe harbor for requirement of paragraph (c)(2)(ii) of this section.

(d) Location.

(1) In general.

(2) Nameplate Capacity Test.

(i) Nameplate capacity for purpose of Nameplate Capacity Test.

(ii) Exclusion of energy storage technology.

(e) Financial benefits for a Category 3 Facility.

(1) In general.

(2) Threshold requirement.

(3) Financial value of the energy produced by the facility.

(4) Gross financial value.

(5) Net financial value defined.

(i) Common ownership.

(ii) Third-party ownership.

(iii) Equitable allocation of financial benefits.

(A) If financial value distributed via utility bill savings.

(B) If financial value is not distributed via utility bill savings.

(6) Benefits Sharing Statement.

(i) In general.

(ii) Notification requirement.

(f) Financial benefits for a Category 4 Facility.

(1) In general.

(2) Bill credit discount rate.

(i) In general.

(ii) No or nominal cost of participation.

(iii) Calculation on annual basis.

(iv) Examples.

(A) Example 1.

(B) Example 2.

(3) Low-income verification.

(i) In general.

(ii) Methods of verification.

(A) Categorical eligibility.

(B) Other income verification methods.

(C) Impermissible verification method.

(g) Annual Capacity Limitation.

(h) Reservations of Capacity Limitation allocation for facilities that meet certain additional selection criteria.

(1) In general.

(2) Ownership criteria.

(i) In general.

(ii) Indirect ownership.

(A) Disregarded entities.

(B) Partnership.

(iii) Tribal enterprise.

(iv) Alaska native corporation.

(v) Renewable energy cooperative.

(vi) Qualified renewable energy company.

(vii) Qualified tax-exempt entity.

(3) Geographic criteria.

(i) In general.

(A) Persistent Poverty County.

(B) Certain census tracts.

(ii) Applicable terms for certain census tracts.

(A) Energy burden or cost.

(B) Exposure.

(C) Energy cost.

(D) PM2.5.

(E) Low-income.

(i) Sub-reservations of allocation for Category 1 facilities.

(1) In general.

(2) Definitions.

(i) Behind the meter (BTM) facility.

(ii) Eligible residential BTM facility.

(iii) Eligible FTM facility.

(j) Process of application evaluation.

(1) In general.

(2) Information required as part of application.

(3) No administrative appeal of capacity limitation allocation decisions.

(k) Placed in service.

(1) Requirement to report date placed in service.

(2) Requirement to submit final eligibility information at placed in service time.

(3) DOE confirmation.

(4) Definition of placed in service.

(l) Facilities placed in service prior to an allocation award.

(1) In general.

(2) Rejection or rescission.

(m) Disqualification.

(n) Recapture of section 48(e) increase to the section 48(a) credit.

(1) In general.

(2) Exception to application of recapture.

(3) Recapture events.

(4) Section 50(a) Recapture.

(o) Applicability date.

[T.D. 9979, 88 FR 55540, Aug. 15, 2023; 88 FR 59446, Aug. 29, 2023]

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In this part (40 sections)
  1. 1.48-3 · Used section 38 property.
  2. 1.48-4 · Election of lessor of new section 38 property to treat lessee…
  3. 1.48-5 · Electing small business corporations.
  4. 1.48-6 · Estates and trusts.
  5. 1.48-9 · Definition of energy property.
  6. 1.48-10 · Single purpose agricultural or horticultural structures.
  7. 1.48-11 · Qualified rehabilitated building; expenditures incurred…
  8. 1.48-12 · Qualified rehabilitated building; expenditures incurred after…
  9. 1.48-13 · Rules relating to the increased credit amount for prevailing…
  10. 1.48-14 · Rules applicable to energy property.
  11. 1.48-15 · Election to treat clean hydrogen production facility as…
  12. 1.48C-1-1.48C-2 · §§ 1.48C-1-1.48C-2 [Reserved]
  13. 1.48C-3 · Rules relating to the increased credit amount for prevailing…
  14. 1.48D-0 · Table of contents.
  15. 1.48D-1 · Advanced manufacturing investment credit determined.
  16. 1.48D-2 · Definitions.
  17. 1.48D-3 · Qualified property.
  18. 1.48D-4 · Advanced manufacturing facility of an eligible taxpayer.
  19. 1.48D-5 · Beginning of construction.
  20. 1.48D-6 · Elective payment election.
  21. 1.48(e)-0 · Table of contents.
  22. 1.48(e)-1 · Low-Income Communities Bonus Credit Program.
  23. 1.48E-0 · Table of contents.
  24. 1.48E-1 · Clean electricity investment credit.
  25. 1.48E-2 · Qualified investments in qualified facilities and EST for…
  26. 1.48E-3 · Rules relating to the increased credit for prevailing wage…
  27. 1.48E-4 · Rules of general application.
  28. 1.48E-5 · Greenhouse gas emissions rates for qualified facilities under…
  29. 1.48E(h)-0 · Table of contents.
  30. 1.48E(h)-1 · Clean Electricity Low-Income Communities Bonus Credit…
  31. 1.50-0 · Table of contents.
  32. 1.50-1 · Lessee's income inclusion following election of lessor of…
  33. 1.50-2 · Recapture of the advanced manufacturing investment credit in…
  34. 1.50A-1 · Determination of amount.
  35. 1.50A-2 · Carryback and carryover of unused credit.
  36. 1.50A-3 · Recomputation of credit allowed by section 40.
  37. 1.50A-4 · Exceptions to the application of § 1.50A-3.
  38. 1.50A-5 · Electing small business corporations.
  39. 1.50A-6 · Estates and trusts.
  40. 1.50A-7 · Partnerships.
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