Steel racking for a solar farm under construction

The U.S. Treasury Department and the IRS released guidance on May 12, 2023 explaining the Inflation Reduction Act’s domestic content bonus for clean energy projects built with USA-made materials. The guidance is IRS Notice 2023-38.

How the bonus works

  • Projects that meet the domestic content requirement get a 10 percent boost to the production tax credit, or up to 10 percentage points on the investment tax credit.
  • All steel and iron manufacturing processes must take place in the USA.
  • At least 40 percent of the cost of manufactured products and components (20 percent for offshore wind) must be USA-made, rising to 55 percent in 2027 (2028 for offshore wind), according to the Department of Energy.
  • A manufactured product counts as USA-made if its manufacturing happens here and all its components are made here, following the Federal Transit Administration’s Buy America rules.

The solar question

Reuters reported that the guidance took a “middle road,” letting solar developers claim the bonus for systems built with USA-made products even if the panels contain cells made in China, as long as the cost thresholds are met. The guidance includes a safe harbor that classifies components for common project types.

FAQ

What is the domestic content bonus?

An extra tax credit for clean energy projects that use enough USA-made steel, iron and manufactured products.

How large is it?

10% on the production credit or up to 10 points on the investment credit.

What notice sets the rules?

IRS Notice 2023-38.