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New Rule on Clean Energy Tax Credits Direct Pay Could Benefit Public Universities and Public Schools

By Melissa Mack & Elva M. Saltzman on March 5, 2024
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The Inflation Reduction Act of 2022 (the “IRA”) made several changes to the tax laws allowing owners to transfer certain manufacturing investment, clean energy investment and production tax credits to unrelated third parties or to elect for direct payment in lieu of the tax credit, if certain requirements are met. Direct payment now allows certain applicable entities (generally, nontaxable entities) that could not benefit from these tax credits to receive an equivalent amount in direct payment from the IRS. 

On March 5, 2024, the U.S. Department of the Treasury and the Internal Revenue Service (“IRS”) released the final rules on direct payment. The final rules (RIN 1545-BQ63) provide that applicable entities generally include: tax-exempt organizations, state and local governments, Indian tribal governments, Alaska Native Corporations, the Tennessee Valley Authority and rural electric cooperatives. Most importantly, the final rules include as applicable entities agencies or instrumentalities of state, local, tribal, or territorial government, which means that public universities and public school districts are eligible for direct pay. Accordingly, this could be an opportunity for public universities and public school districts to monetize their tax credits and create additional revenue. 

Among the various requirements to be satisfied, applicable entities seeking to receive a direct payment from the IRS must complete the IRA and CHIPS Act of 2022 Pre-filing Registration Tool, which we outlined in a prior post.

If you have any questions about the tax consequences of a repayment, please contact any member of the Tax Practice Group.

Photo of Melissa Mack Melissa Mack

As chair of Shipman’s Tax Exempt Organizations Practice Group, Melissa Mack represents large and small tax-exempt organizations on tax-exemption, corporate and governance issues, providing practical and well-rounded counsel to our nonprofit clients. She represents public charities, private foundations, educational institutions, community foundations, hospitals…

As chair of Shipman’s Tax Exempt Organizations Practice Group, Melissa Mack represents large and small tax-exempt organizations on tax-exemption, corporate and governance issues, providing practical and well-rounded counsel to our nonprofit clients. She represents public charities, private foundations, educational institutions, community foundations, hospitals and healthcare organizations, social service agencies, religious, cultural and performing arts organizations, supporting organizations, quasi-governmental entities and trade associations across multiple industries.

Melissa counsels clients on forming nonstock corporations, obtaining, maintaining and operating in furtherance of tax-exempt status, strategic planning and corporate transactions. She provides guidance to organizations and boards of directors on corporate governance, regulatory compliance, contracting, affiliations, mergers, dissolution, fiduciary duties, board disputes, policy and procedure development, unrelated business income taxes, executive compensation, intermediate sanctions matters, private foundation excise taxes, conflicts of interest, endowments, advocacy, lobbying limitations, fiscal sponsorships, charitable giving, grantmaking, fundraising, gift acceptance, corporate sponsorships, charitable solicitations and donor relations.

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Photo of Elva M. Saltzman Elva M. Saltzman

Elva Saltzman is an associate in the firm’s Tax and Employee Benefits Practice Group, where she assists clients in matters related to federal and state taxation. She has experience in tax planning, mergers and acquisitions, enforcement and collection defenses, and other federal and…

Elva Saltzman is an associate in the firm’s Tax and Employee Benefits Practice Group, where she assists clients in matters related to federal and state taxation. She has experience in tax planning, mergers and acquisitions, enforcement and collection defenses, and other federal and state tax controversies. Elva started her career in tax law at Shipman and then joined a Big Four accounting firm in its business tax services group, where she assisted private equity clients with tax compliance, before returning to the Shipman team.

Read more about Elva M. SaltzmanEmail
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  • Posted in:
    Tax
  • Blog:
    Connecticut State & Local Tax Alert
  • Organization:
    Shipman & Goodwin LLP
  • Article: View Original Source

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