Energy Tax Incentives

President Biden signed the Inflation Reduction Act of 2022 (IRA) into law on August 16, 2022. If fully implemented, the legislation will invest almost $370 billion over 10 years to tackle the climate crisis.


The new GOP-controlled Congress, however, has vowed to eliminate IRA incentives to “pay for” tax cuts promised by President Trump on the campaign trail, and to extend tax cuts set to expire under Trump 1.0’s major code overhaul passed in 2017. Many states with Republican Congress members benefit from clean energy projects supported by the IRA, and some House GOP members defend the incentives. It thus remains to be seen whether Congress may significantly dismantle the IRA with a sledgehammer, or excise specific provisions with a scalpel.

Position

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); and
  • A credit to incentivize energy-efficient new residential construction and major rehabs, including multifamily (Section 45L).

RER has encouraged Congress for years to make energy tax incentives more usable for building owners, managers and financiers—and more impactful to help meet energy efficiency goals.

Background
  • Reports show that repealing the IRA will create significant economic damage in terms of lost jobs, lost GDP and higher consumer costs. Tax incentives that are most used and best promote an “all of the above” energy strategy should be preserved.

 

  • “Rules of the game” should not be changed mid-stream. If a business is relying on an IRA incentive to help finance a project that has already started construction, and the credit is part of the deal’s capital stack, the incentive must remain available at least until the project is completed.

 

  • Davis-Bacon prevailing wage and registered apprenticeship (PW/RA) requirements are a major barrier for real estate companies to access the IRA’s clean energy “bonus” tax credits. These labor standards should be relaxed to encourage projects that make buildings more resilient and efficient.

 

  • 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, and Treasury/IRS should enact rules to optimize credit “transfer” benefits for mixed partnerships with for-profit and not-for-profit owners.

Roundtable IRA Fact Sheets:

 

MORE ISSUES
MORE ISSUES
Real Estate's Role in Unleashing America's Energy Dominance
Energy Tax Incentives
Corporate Sustainability Disclosures
Building Performance Standards
EPA's ENERGY STAR