Energy Tax Incentives

Summary

The Trump administration and congressional Republicans are committed to major tax code reform. Elimination and phase-down of Biden-era clean energy tax credits, signed into law in the Inflation Reduction Act of 2022 (IRA), will likely be achieved by the Republican majority.

For a description of the Biden-era IRA energy tax incentives important to commercial real estate, see RER’s fact sheet here. For a description of the changes to IRA clean energy incentives proposed in the House Republican bill marked up by the Ways & Means Committee on May 14, 2025, see RER’s fact sheet here. The situation is very much in flux. It is unclear which, if any, IRA tax incentives survive current tax reform discussions taking place in the spring-summer of 2025.

As long-term investment decisions are being made and real estate projects are already underway, uncertainty around the future of these tax incentives poses significant risks. RER encourages that any potential phase-down of IRA energy incentives take place over a number of years. Existing projects that have begun construction and are relying on these credits must be permitted to continue using them until the projects are completed.

Key Takeaways

Tax incentives that are most used and best promote an “all of the above” energy strategy should be preserved. Several IRA provisions directly benefit commercial and multifamily buildings—including incentives for retrofits, solar and battery systems, and residential construction.

Reports show that repealing the IRA could result in nearly 790,000 job losses, decrease GDP by more than $160 billion in 2030, and increase consumer energy costs by $6 billion annually by 2030.

Many of the most impactful clean energy investments are occurring in Republican-held districts—79 percent of current clean power capacity and 77 percent of new additions are located in GOP districts.

See the full fact sheet.

Position

Preserve Tax Incentives That Work: Many of the IRA’s energy tax credits support energy savings and job creation in ways that align with private-sector capital flows. Congress should preserve the provisions that are working—particularly those that promote scalable building energy solutions.

  • In particular, Section 48E and Section 45L tax credits support real estate investment and increase the deployment of distributed energy, solar, storage, and high-efficiency technologies in commercial and residential buildings across the country.
  • These investments also help to reduce grid stress, which is especially important given surging electricity demand from AI, data centers, and electrification.

Protect Projects Already Underway: Many energy projects are already in progress with IRA incentives baked into their financial models. Unwinding these credits retroactively—or changing eligibility rules mid-construction—would destabilize markets, strand capital, and increase financing costs for real estate owners. Congress must provide certainty for current projects.

  • Credit availability should be preserved for projects that have commenced construction or entered into binding financial agreements in reliance on IRA incentives.
  • “Transition rules” should provide safe harbors for in-progress projects, ensuring they are not penalized by future legislative or regulatory changes.
  • Any repeal or modification should be forward-looking only, with carveouts that respect prior investment decisions and avoid sudden, retroactive cost shocks.

Fix Barriers That Limit Real Estate Participation: Davis-Bacon prevailing wage and registered apprenticeship (PW/RA) requirements are limiting the ability of real estate owners to access the IRA’s most generous “bonus” credit rates—especially in markets where unionized building trades are scarce or unavailable. Without changes to these labor standards, some energy upgrades and retrofit projects may not move forward.

  • PW/RA rules should be relaxed, waived, or scaled for building retrofit projects under a certain size or budget threshold.
  • DOE or IRS should consider alternate “good faith effort” pathways for real estate owners who cannot access sufficient numbers of certified apprentices or wage data.
  • Federal agencies should release more timely guidance, digital tools, and market-specific clarity on how to comply with labor requirements in real estate contexts.
  • Compliance burdens must be realistic for retrofit and clean energy projects that provide significant public benefits but may not involve large construction workforces.

Retain Credit Transferability: IRA provisions allow taxpayers to “transfer” certain credits to unrelated third parties. This policy enables more energy project deployment by REITs and other real estate owners who generally have no appetite to benefit from tax incentives.

  • Congress should keep the “transfer” provisions, which support investment.
  • Treasury/IRS should enact rules to optimize credit “transfer” benefits for mixed partnerships with for-profit and not-for-profit owners.
  • IRS should ensure that allocations of credit and proceeds in a partnership context are treated as valid, non-taxable partnership transactions.

 

Background

Inflation Reduction Act Energy Tax Incentives

  • A number of the IRA’s changes to the federal tax code may help the U.S. real estate sector reduce energy usage and emissions, particularly:
    • A deduction to help make commercial and multifamily buildings more energy efficient (Section 179D)
    • A credit to encourage investments in renewable energy generation, storage, grid interconnection, and other “clean energy” technologies sited at buildings and other facilities (Section 48)
    • A credit to incentivize EV charging stations (Section 30C)
    • A credit to incentivize energy-efficient new residential construction and major rehabs, including multifamily (Section 45L)
  • The IRA ties full “bonus” incentives to compliance with prevailing wage and registered apprenticeship rules. These standards are often difficult to meet on private real estate projects, particularly those in markets with limited union labor availability. Treasury and IRS rules have added complex recordkeeping burdens that deter participation.
  • The IRA allows many energy tax credits to be “transferred” to unrelated third parties for cash. This is particularly useful for REITs and partnerships that lack tax liability. However, administrative barriers remain, especially for “mixed” partnerships with both tax-exempt and for-profit owners, which often face reduced credit values.
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