White Paper

Renewable Energy Tax Credits: How Updated Guidance Impacts What Insureds Are Looking For in Their Policies

This past spring brought several updates to the renewable energy tax credit guidance from the Inflation Reduction Act, prompting those in the space to review their options for tax liability insurance.

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For those in the renewable energy space, 2024 has been an interesting year: The IRS released three key updates to the Inflation Reduction Act (IRA), a law aimed at investing in domestic energy production while incentivizing taxpayers to pursue clean energy, among other items.

On March 22, 2024, the IRS released Notice 2024-30, expanding certain rules for determining what an “energy community” is within the context of production and investment tax credits and providing taxpayers with an increased tax credit. In April 2024, final transferability regulations were released, which govern the transfer of renewable energy tax credits between entities.

Lastly, on June 18, 2024, the IRS issued final prevailing wage and apprenticeship regulations, streamlining the qualification criteria for claiming increased credit for certain renewable energy projects. With a few exceptions, the PWA regulations ensure that certain parties involved in the construction, alteration and repair of renewable energy projects are paid fairly and apprenticeship programs are utilized.

“The value of these tax credits varies greatly depending on the project and the amount of credit that can be claimed. We have seen policies covering multiple projects in a portfolio fund with coverage up to $1 billion. On the other hand, we also encounter smaller policies, such as a $5 million policy covering a single project, which may only be claiming the 30% credit,” said Danielle Nieh, head of tax liability for QBE North America.

With several new tax credit guidance updates in play, many policyholders are looking at ways to keep themselves protected.

To learn more about QBE North America, please visit their website.

QBE North America is a global insurance leader focused on helping customers solve unique risks, so they can focus on their future. QBE operates out of 27 countries around the globe, with a presence in every key insurance market. QBE insurance companies are rated "A" (Excellent) by A.M. Best and "A+" by Standard & Poor's.

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