US Codex
U.S.C.
Notes

§45. Electricity produced from certain renewable resources, etc. — Inbound Citations

26 U.S.C. § 45

Cited by 85 provisions in release 119-102.

Citations to 26 U.S.C. § 45 as a whole

  • 26 U.S.C. § 38(c)(4)(B)(iv)
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    (iv) the credit determined under section 45 to the extent that such credit is attributable to electricity or refined coal produced—
    (I) at a facility which is originally placed in service after the date of the enactment of this paragraph, and
    (II) during the 4-year period beginning on the date that such facility was originally placed in service,
  • 26 U.S.C. § 38(c)(4)(B)(v)
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    (v) the credit determined under section 45 to the extent that such credit is attributable to section 45(e)(10) (relating to Indian coal production facilities),
  • 26 U.S.C. § 45K(g)(2)(E)
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    (E) No credit shall be allowed with respect to any coke or coke gas which is produced using steel industry fuel (as defined in section 45(c)(7)) as feedstock if a credit is allowed to any taxpayer under section 45 with respect to the production of such steel industry fuel.
  • 26 U.S.C. § 45Y(b)(1)(E)
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    (E) The term “qualified facility” shall not include any facility for which a credit determined under section 45, 45J, 45Q, 45U, 48, 48A, or 48E is allowed under section 38 for the taxable year or any prior taxable year.
  • 26 U.S.C. § 48(a)(3)
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    (3) For purposes of this subpart, the term “energy property” means any property—
    (A) which is—
    (i) equipment which uses solar energy to generate electricity, to heat or cool (or provide hot water for use in) a structure, or to provide solar process heat, excepting property used to generate energy for the purposes of heating a swimming pool,
    (ii) equipment which uses solar energy to illuminate the inside of a structure using fiber-optic distributed sunlight, or electrochromic glass which uses electricity to change its light transmittance properties in order to heat or cool a structure, but only with respect to property the construction of which begins before January 1, 2025,
    (iii) equipment used to produce, distribute, or use energy derived from a geothermal deposit (within the meaning of section 613(e)(2)), but only, in the case of electricity generated by geothermal power, up to (but not including) the electrical transmission stage,
    (iv) qualified fuel cell property or qualified microturbine property,
    (v) combined heat and power system property,
    (vi) qualified small wind energy property,
    (vii) equipment which uses the ground or ground water as a thermal energy source to heat a structure or as a thermal energy sink to cool a structure, but only with respect to property the construction of which begins before January 1, 2035,
    (viii) waste energy recovery property,
    (ix) energy storage technology,
    (x) qualified biogas property, or
    (xi) microgrid controllers,
    (i) the construction, reconstruction, or erection of which is completed by the taxpayer, or
    (ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer,
    (C) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and
    (D) which meets the performance and quality standards (if any) which—
    (i) have been prescribed by the Secretary by regulations (after consultation with the Secretary of Energy), and
    (ii) are in effect at the time of the acquisition of the property.
    Such term shall not include any property which is part of a facility the production from which is allowed as a credit under section 45 for the taxable year or any prior taxable year.
  • 26 U.S.C. § 48(a)(5)(B)
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    (B) No credit shall be allowed under section 45 for any taxable year with respect to any qualified investment credit facility.
  • 26 U.S.C. § 48(a)(5)(C)(i)
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    (i) which is a qualified facility (within the meaning of section 45) described in paragraph (1), (2), (3), (4), (6), (7), (9), or (11) of section 45(d),
  • 26 U.S.C. § 48(a)(5)(C)(iii)(I)
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    (I) no credit has been allowed under section 45, and
  • 26 U.S.C. § 48(a)(5)(F)(ii)
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    (ii) For purposes of this subparagraph, the term “qualified offshore wind facility” means a qualified facility (within the meaning of section 45) described in paragraph (1) of section 45(d) (determined without regard to any date by which the construction of the facility is required to begin) which is located in the inland navigable waters of the United States or in the coastal waters of the United States.
  • 26 U.S.C. § 48(d)(1)
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    (1) No credit shall be determined under this section or section 45 with respect to such property for the taxable year in which such grant is made or any subsequent taxable year.
  • 26 U.S.C. § 48E(b)(3)(C)(i)
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    (i) a renewable electricity production credit determined under section 45,

Citations to §45(a)

Citations to §45(a)(2)(A)(ii)

Citations to §45(b)(3)

Citations to §45(b)(7)

Citations to §45(b)(7)(A)(i)

Citations to §45(b)(7)(B)

Citations to §45(b)(8)

Citations to §45(b)(9)(B)

  • 26 U.S.C. § 48(a)(12)(B)
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    (B) Rules similar to the rules of section 45(b)(9)(B) shall apply.
  • 26 U.S.C. § 48E(a)(3)(B)
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    (B) Rules similar to the rules of section 48(a)(12) shall apply, except that, for purposes of subparagraph (B) of such section and the application of rules similar to the rules of section 45(b)(9)(B), the adjusted percentage (as determined under section 45(b)(9)(C)) shall be determined as follows:
    (i) In the case of any qualified investment with respect to any qualified facility or energy storage technology the construction of which begins before June 16, 2025, 40 percent (or, in the case of a qualified facility which is an offshore wind facility, 20 percent).
    (ii) In the case of any qualified investment with respect to any qualified facility or energy storage technology the construction of which begins on or after June 16, 2025, and before January 1, 2026, 45 percent (or, in the case of a qualified facility which is an offshore wind facility, 27.5 percent).
    (iii) In the case of any qualified investment with respect to any qualified facility or energy storage technology the construction of which begins during calendar year 2026, 50 percent (or, in the case of a qualified facility which is an offshore wind facility, 35 percent).
    (iv) In the case of any qualified investment with respect to any qualified facility or energy storage technology the construction of which begins after December 31, 2026, 55 percent.

Citations to §45(b)(9)(C)

  • 26 U.S.C. § 48E(a)(3)(B)
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    (B) Rules similar to the rules of section 48(a)(12) shall apply, except that, for purposes of subparagraph (B) of such section and the application of rules similar to the rules of section 45(b)(9)(B), the adjusted percentage (as determined under section 45(b)(9)(C)) shall be determined as follows:
    (i) In the case of any qualified investment with respect to any qualified facility or energy storage technology the construction of which begins before June 16, 2025, 40 percent (or, in the case of a qualified facility which is an offshore wind facility, 20 percent).
    (ii) In the case of any qualified investment with respect to any qualified facility or energy storage technology the construction of which begins on or after June 16, 2025, and before January 1, 2026, 45 percent (or, in the case of a qualified facility which is an offshore wind facility, 27.5 percent).
    (iii) In the case of any qualified investment with respect to any qualified facility or energy storage technology the construction of which begins during calendar year 2026, 50 percent (or, in the case of a qualified facility which is an offshore wind facility, 35 percent).
    (iv) In the case of any qualified investment with respect to any qualified facility or energy storage technology the construction of which begins after December 31, 2026, 55 percent.

Citations to §45(b)(10)

Citations to §45(b)(11)(B)

Citations to §45(b)(11)(B)(iii)

Citations to §45(c)(1)(D)

Citations to §45(c)(1)(H)

Citations to §45(c)(2)

  • 26 U.S.C. § 48(c)(3)(D)
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    (D) If a system is designed to use biomass (within the meaning of paragraphs (2) and (3) of section 45(c) without regard to the last sentence of paragraph (3)(A)) for at least 90 percent of the energy source—
    (i) subparagraph (A)(iii) shall not apply, but
    (ii) the amount of credit determined under subsection (a) with respect to such system shall not exceed the amount which bears the same ratio to such amount of credit (determined without regard to this subparagraph) as the energy efficiency percentage of such system bears to 60 percent.

Citations to §45(c)(3)

  • 26 U.S.C. § 48(c)(3)(D)
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    (D) If a system is designed to use biomass (within the meaning of paragraphs (2) and (3) of section 45(c) without regard to the last sentence of paragraph (3)(A)) for at least 90 percent of the energy source—
    (i) subparagraph (A)(iii) shall not apply, but
    (ii) the amount of credit determined under subsection (a) with respect to such system shall not exceed the amount which bears the same ratio to such amount of credit (determined without regard to this subparagraph) as the energy efficiency percentage of such system bears to 60 percent.

Citations to §45(c)(7)

Citations to §45(d)(1)

Citations to §45(d)(2)

Citations to §45(d)(3)

Citations to §45(d)(4)

Citations to §45(d)(6)

Citations to §45(d)(7)

Citations to §45(d)(9)

Citations to §45(d)(11)

Citations to §45(e)(1)

Citations to §45(e)(2)

  • 26 U.S.C. § 45U(c)(1)
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    (1) The 0.3 cent amount in subsection (a)(1)(A) and the 2.5 cent amount in subsection (b)(2)(A)(ii)(II)(aa) shall each be adjusted by multiplying such amount by the inflation adjustment factor (as determined under section 45(e)(2), as applied by substituting “calendar year 2023” for “calendar year 1992” in subparagraph (B) thereof) for the calendar year in which the sale occurs. If the 0.3 cent amount as increased under this paragraph is not a multiple of 0.05 cent, such amount shall be rounded to the nearest multiple of 0.05 cent. If the 2.5 cent amount as increased under this paragraph is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent.
  • 26 U.S.C. § 45V(b)(3)
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    (3) The $0.60 amount in paragraph (1) shall be adjusted by multiplying such amount by the inflation adjustment factor (as determined under section 45(e)(2), determined by substituting “2022” for “1992” in subparagraph (B) thereof) for the calendar year in which the qualified clean hydrogen is produced. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent.

Citations to §45(e)(2)(B)

  • 26 U.S.C. § 45J(c)(2)(B)
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    (B) The 8 cent amount in subparagraph (A) shall be adjusted by multiplying such amount by the inflation adjustment factor (as defined in section 45(e)(2)(B)) for the calendar year in which the sale occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent.

Citations to §45(e)(2)(C)

Citations to §45(e)(3)

Citations to §45(e)(4)

Citations to §45(e)(5)

Citations to §45(e)(10)

Citations to §45(e)(11)(C)

Citations to §45(e)(13)