Notice 2015-70: Request for comments, section 48 energy credit regulations

Section 48 energy credit regulations

The IRS today released an advanced version of Notice 2015-70 that announces that future regulations under section 48 will define certain types of property qualifying for the energy credit, and requests comments as to how to define these types of property. The notice sets forth seven areas in which comments are requested, but also requests comments in other areas that may need to be addressed in future regulations—such as items related to definitions of terms and the status of dual-use property.

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Specifically, Notice 2015-70 [PDF 25 KB] requests comments on the definition of: 

  • Certain equipment using solar energy
  • Certain equipment used to produce, distribute, or use energy derived from a geothermal deposit
  • Qualified fuel cell property
  • Qualified microturbine property
  • Combined heat and power system property
  • Qualified small wind energy property
  • Equipment using the ground or ground water as a thermal energy source

Comments must be submitted by February 16, 2016.

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