Certainty for Our Energy Future Act

“(4) Special rule for wind and solar energy—The term “qualified facility” shall not include any facility used for the generation of electricity using wind or solar energy the construction of which begins after December 31, 2030.

“(5) Beginning of construction definition—For purposes of determining when construction begins for purposes of this section, principles similar to those under Notice 2013–29, 2013–20 I.R.B. 1085, and any subsequent guidance clarifying, modifying, or updating such notice, as in effect on January 1, 2025, including the Physical Work Test, Five Percent Safe Harbor, Continuity Requirement, and Continuity Safe Harbor, shall apply.”

“(4) Special rule for wind and solar energy—The term “qualified facility” shall not include any facility used for the generation of electricity using wind or solar energy the construction of which begins after December 31, 2030.

“(5) Beginning of construction definition—For purposes of determining when construction begins for purposes of this section, principles similar to those under Notice 2013–29, 2013–20 I.R.B. 1085, and any subsequent guidance clarifying, modifying, or updating such notice, as in effect on January 1, 2025, including the Physical Work Test, Five Percent Safe Harbor, Continuity Requirement, and Continuity Safe Harbor, shall apply.”

“7531. Denial of clean energy tax benefits to companies connected to countries of concern

“(a) In general—In the case of any taxpayer that is a disqualified company, this title shall be applied without regard to sections 30C, 40, 40A, 40B, 45, 45Q, 45U, 45V, 45W, 45X, 45Y, 45Z, 48, 48C, 48E, 179D, 6426(c), 6426(d), 6426(e), and 6427(e).

“(b) Disqualified company—For purposes of this section—

“(1) In general—The term “disqualified company” means any entity—

“(A) created or organized under the laws of, or controlled by, one or more governments of a foreign country that is a country of concern, or

“(B) controlled (in the aggregate) by one or more entities described in subparagraph (A).

“(2) Country of concern—The term “country of concern” means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, or the Democratic People’s Republic of Korea.

“(3) Control—The term “control” has the meaning given such term under section 954(d)(3), determined by treating the rules of section 958(a)(2) as applying to both foreign and domestic corporations, partnerships, trusts, and estates.

“(4) Government of a foreign country—The term “government of a foreign country” means a national government of a foreign country, an agency or government instrumentality of a national government of a foreign country, a dominant or ruling political party of a foreign country, or any individual currently in a senior role of a country of concern and with substantial authority over policy, operations, or the use of government-owned resources of the foreign country.”