For inflation adjustment of certain items in this section, see Internal Revenue Notices listed in a table below.

The date of the enactment of this paragraph, the date of the enactment of this clause, the date of the enactment of this subclause, and the date of the enactment of the American Jobs Creation Act of 2004, referred to in subsecs. (span)(4)(B)(ii) and (d)(2)(C)(i), (3)(A)(i), (4) to (8), is the date of enactment of Puspan. L. 108–357, which was approved Oct. 22, 2004.

The date of the enactment of this clause and the date of the enactment of this paragraph, referred to in subsecs. (span)(4)(B)(iii), (c)(8), and (d)(9)(A), are the date of enactment of Puspan. L. 109–58, which was approved Aug. 8, 2005.

The Federal Power Act, referred to in subsec. (c)(8)(C), is act June 10, 1920, ch. 285, 41 Stat. 1063. Part I of the Act is classified generally to subchapter I (§ 791a et seq.) of chapter 12 of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables.

The date of the enactment of this subparagraph and the date of the enactment of this paragraph, referred to in subsec. (d)(2)(B), (3)(B), (11), are the date of enactment of Puspan. L. 110–343, which was approved Oct. 3, 2008.

Section 29, referred to in subsec. (e)(9)(B)(i), was redesignated section 45K of this title by Puspan. L. 109–58, title XIII, § 1322(a)(1), Aug. 8, 2005, 119 Stat. 1011.

The date of enactment of the Energy Tax Incentives Act of 2005, referred to in subsec. (e)(9)(B)(i), is the date of enactment of title XIII of Puspan. L. 109–58, which was approved Aug. 8, 2005.

A prior section 45 was renumbered section 37 of this title.

2022—Subsec. (a)(1). Puspan. L. 117–169, § 13101(span)(1), substituted “0.3 cents” for “1.5 cents”.

Subsec. (span)(2). Puspan. L. 117–169, § 13101(i)(1), substituted “If the 0.3 cent amount as increased under the preceding sentence is not a multiple of 0.05 cent, such amount shall be rounded to the nearest multiple of 0.05 cent. In any other case, if an 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.” for “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.”

Puspan. L. 117–169, § 13101(span)(2), substituted “The 0.3 cent” for “The 1.5 cent”.

Subsec. (span)(3). Puspan. L. 117–169, § 13101(h), amended par. (3) generally. Prior to amendment, par. (3) related to credit reduced for grants, tax-exempt bonds, subsidized energy financing, and other credits.

Subsec. (span)(4)(A). Puspan. L. 117–169, § 13101(j)(1), substituted “or (7)” for “(7), (9), or (11)”.

Puspan. L. 117–169, § 13101(i)(2), substituted “last two sentences” for “last sentence”.

Subsec. (span)(5). Puspan. L. 117–169, § 13101(e)(2)(A), inserted “which is placed in service before January 1, 2022” after “using wind to produce electricity” in introductory provisions.

Subsec. (span)(6) to (8). Puspan. L. 117–169, § 13101(f), added pars. (6) to (8).

Subsec. (span)(9). Puspan. L. 117–169, § 13101(g)(2), added par. (9). Former par. (9) (added by section 13101(f), see below) redesignated (12).

Puspan. L. 117–169, § 13101(f), added par. (9), which was subsequently redesignated (12).

Subsec. (span)(10), (11). Puspan. L. 117–169, § 13101(g)(2), added pars. (10) and (11).

Subsec. (span)(12). Puspan. L. 117–169, § 13101(g)(1), redesignated par. (9) as (12).

Subsec. (c)(10)(A)(v). Puspan. L. 117–169, § 13101(j)(2)(A), added cl. (v). Conforming amendment striking “or” in cl. (iii) of subsec. (c)(10)(A) was executed by striking the “or” at the end of the clause, to reflect the probable intent of Congress.

Subsec. (d)(1). Puspan. L. 117–169, § 13101(e)(1), substituted “January 1, 2025” for “January 1, 2022”.

Subsec. (d)(2)(A). Puspan. L. 117–169, § 13101(a)(1), substituted “January 1, 2025” for “January 1, 2022” wherever appearing.

Subsec. (d)(3)(A)(i)(I), (ii). Puspan. L. 117–169, § 13101(a)(2), substituted “January 1, 2025” for “January 1, 2022”.

Subsec. (d)(4). Puspan. L. 117–169, § 13101(c), substituted “and the construction of which begins before January 1, 2025” for “and which—

“(A) in the case of a facility using solar energy, is placed in service before January 1, 2006, or

“(B) in the case of a facility using geothermal energy, the construction of which begins before January 1, 2022”

Concluding provisions following former subpar. (B) were joined with the preceding paragraph to reflect the probable intent of Congress.

Subsec. (d)(6), (7). Puspan. L. 117–169, § 13101(a)(3), (4), substituted “January 1, 2025” for “January 1, 2022”.

Subsec. (d)(9)(A)(i), (ii), (C). Puspan. L. 117–169, § 13101(a)(5), substituted “January 1, 2025” for “January 1, 2022”.

Subsec. (d)(11)(A). Puspan. L. 117–169, § 13101(j)(2)(B), substituted “25” for “150”.

Subsec. (d)(11)(B). Puspan. L. 117–169, § 13101(a)(6), substituted “January 1, 2025” for “January 1, 2022”.

Subsec. (e)(12). Puspan. L. 117–169, § 13102(f)(4), added par. (12).

Subsec. (e)(13). Puspan. L. 117–169, § 13204(span)(1), added par. (13).

2020—Subsec. (span)(5)(D). Puspan. L. 116–260, § 131(c)(1), substituted “January 1, 2022” for “January 1, 2021”.

Subsec. (d)(1), (2)(A), (3)(A), (4)(B), (6), (7), (9), (11)(B). Puspan. L. 116–260, § 131(a), substituted “January 1, 2022” for “January 1, 2021” wherever appearing.

Subsec. (e)(10)(A). Puspan. L. 116–260, § 145(a), substituted “16-year period” for “15-year period” in two places.

2019—Subsec. (span)(5)(D). Puspan. L. 116–94, § 127(c)(2)(A), added subpar. (D).

Subsec. (d)(1). Puspan. L. 116–94, § 127(c)(1), substituted “January 1, 2021” for “January 1, 2020”.

Subsec. (d)(2)(A), (3)(A), (4)(B), (6), (7), (9), (11)(B). Puspan. L. 116–94, § 127(a), substituted “January 1, 2021” for “January 1, 2018” wherever appearing.

Subsec. (e)(10)(A). Puspan. L. 116–94, § 128(a), substituted “15-year period” for “12-year period” in two places.

2018—Subsec. (c)(6). Puspan. L. 115–141, § 401(a)(14), substituted “section 1004(27)” for “section 2(27)”.

Subsec. (c)(7)(A)(i)(II). Puspan. L. 115–141, § 401(a)(15), substituted “for the purpose” for “for purpose”.

Subsec. (c)(7)(A)(i)(III). Puspan. L. 115–141, § 401(a)(16), substituted “, or” for period at end.

Subsec. (d). Puspan. L. 115–123, § 40409(a), substituted “January 1, 2018” for “January 1, 2017” wherever appearing.

Subsec. (e)(10)(A)(i), (ii)(II). Puspan. L. 115–123, § 40408(a), substituted “12-year period” for “11-year period”.

2015—Subsec. (span)(5). Puspan. L. 114–113, § 301(a)(2), added par. (5).

Subsec. (d)(1). Puspan. L. 114–113, § 301(a)(1), substituted “January 1, 2020” for “January 1, 2015”.

Subsec. (d)(2)(A). Puspan. L. 114–113, § 187(a)(1), substituted “January 1, 2017” for “January 1, 2015” wherever appearing.

Subsec. (d)(3)(A)(i)(I), (ii). Puspan. L. 114–113, § 187(a)(2), substituted “January 1, 2017” for “January 1, 2015”.

Subsec. (d)(4)(B). Puspan. L. 114–113, § 187(a)(3), substituted “January 1, 2017” for “January 1, 2015”.

Subsec. (d)(6). Puspan. L. 114–113, § 187(a)(4), substituted “January 1, 2017” for “January 1, 2015”.

Subsec. (d)(7). Puspan. L. 114–113, § 187(a)(5), substituted “January 1, 2017” for “January 1, 2015”.

Subsec. (d)(9)(A)(i), (ii), (C). Puspan. L. 114–113, § 187(a)(6), substituted “January 1, 2017” for “January 1, 2015”.

Subsec. (d)(10). Puspan. L. 114–113, § 186(span), amended par. (10) generally. Prior to amendment, text read as follows: “In the case of a facility that produces Indian coal, the term ‘Indian coal production facility’ means a facility which is placed in service before January 1, 2009.”

Subsec. (d)(11)(B). Puspan. L. 114–113, § 187(a)(7), substituted “January 1, 2017” for “January 1, 2015”.

Subsec. (e)(10)(A)(i). Puspan. L. 114–113, § 186(a), substituted “11-year period” for “9-year period”.

Subsec. (e)(10)(A)(ii)(I). Puspan. L. 114–113, § 186(c), inserted “(either directly by the taxpayer or after sale or transfer to one or more related persons)” after “unrelated person”.

Subsec. (e)(10)(A)(ii)(II). Puspan. L. 114–113, § 186(a), substituted “11-year period” for “9-year period”.

Subsec. (e)(10)(D). Puspan. L. 114–113, § 186(d)(2), struck out subpar. (D). Text read as follows: “The increase in the credit determined under subsection (a) by reason of this paragraph with respect to any facility shall be treated as a specified credit for purposes of section 38(c)(4)(A) during the 4-year period beginning on the later of January 1, 2006, or the date on which such facility is placed in service by the taxpayer.”

2014—Subsec. (span)(2). Puspan. L. 113–295, § 210(g)(1), substituted “$2 amount” for “$3 amount”.

Subsec. (d). Puspan. L. 113–295, § 155(a), substituted “January 1, 2015” for “January 1, 2014” wherever appearing.

Subsec. (e)(10)(A)(i), (ii)(II). Puspan. L. 113–295, § 154(a), substituted “9-year period” for “8-year period”.

2013—Subsec. (c)(6). Puspan. L. 112–240, § 407(a)(2), inserted “, except that such term does not include paper which is commonly recycled and which has been segregated from other solid waste (as so defined)” after “(42 U.S.C. 6903)”.

Subsec. (d)(1). Puspan. L. 112–240, § 407(a)(3)(A)(i), substituted “the construction of which begins before January 1, 2014” for “before January 1, 2014”.

Puspan. L. 112–240, § 407(a)(1), substituted “January 1, 2014” for “January 1, 2013”.

Subsec. (d)(2)(A). Puspan. L. 112–240, § 407(a)(3)(B), inserted concluding provisions.

Subsec. (d)(2)(A)(i). Puspan. L. 112–240, § 407(a)(3)(A)(ii), substituted “the construction of which begins before January 1, 2014” for “before January 1, 2014”.

Subsec. (d)(3)(A)(i)(I). Puspan. L. 112–240, § 407(a)(3)(A)(iii), substituted “the construction of which begins before January 1, 2014” for “before January 1, 2014”.

Subsec. (d)(3)(A)(ii). Puspan. L. 112–240, § 407(a)(3)(C), substituted “the construction of which begins” for “is originally placed in service”.

Subsec. (d)(4). Puspan. L. 112–240, § 407(a)(3)(D)(i), substituted “and which—”, subpars. (A) and (B), and concluding provisions for “and before January 1, 2014 (January 1, 2006, in the case of a facility using solar energy). Such term shall not include any property described in section 48(a)(3) the basis of which is taken into account by the taxpayer for purposes of determining the energy credit under section 48.”

Subsec. (d)(6). Puspan. L. 112–240, § 407(a)(3)(A)(iv), substituted “the construction of which begins before January 1, 2014” for “before January 1, 2014”.

Subsec. (d)(7). Puspan. L. 112–240, § 407(a)(3)(A)(v), substituted “the construction of which begins before January 1, 2014” for “before January 1, 2014”.

Subsec. (d)(9). Puspan. L. 112–240, § 407(a)(3)(E), designated introductory provisions as subpar. (A) and inserted span, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), realigned margins, added subpar. (C), and redesignated former subpar. (C) as (B).

Subsec. (d)(9)(B). Puspan. L. 112–240, § 407(a)(3)(A)(vi), substituted “the construction of which begins before January 1, 2014” for “before January 1, 2014”.

Subsec. (d)(11)(B). Puspan. L. 112–240, § 407(a)(3)(A)(vii), substituted “the construction of which begins before January 1, 2014” for “before January 1, 2014”.

Subsec. (e)(10)(A)(i), (ii)(II). Puspan. L. 112–240, § 406(a), substituted “8-year period” for “7-year period”.

2010—Subsec. (d)(8)(B). Puspan. L. 111–312 substituted “January 1, 2012” for “January 1, 2010”.

2009—Subsec. (d)(1). Puspan. L. 111–5, § 1101(a)(1), substituted “2013” for “2010”.

Subsec. (d)(2)(A)(i), (ii), (3)(A)(i)(I), (ii), (4). Puspan. L. 111–5, § 1101(a)(2), substituted “2014” for “2011”.

Subsec. (d)(5). Puspan. L. 111–5, § 1101(span), substituted “and before October 3, 2008.” for “and before the date of the enactment of paragraph (11).”

Subsec. (d)(6), (7), (9)(A), (B). Puspan. L. 111–5, § 1101(a)(2), substituted “2014” for “2011”.

Subsec. (d)(11)(B). Puspan. L. 111–5, § 1101(a)(3), substituted “2014” for “2012”.

2008—Subsec. (span)(2). Puspan. L. 110–343, § 108(span)(2), inserted “the $3 amount in subsection (e)(8)(D)(ii)(I),” after “subsection (e)(8)(A),”.

Subsec. (span)(4)(A). Puspan. L. 110–343, § 102(d), substituted “(9), or (11)” for “or (9)”.

Subsec. (c)(1)(I). Puspan. L. 110–343, § 102(a), added subpar. (I).

Subsec. (c)(7)(A). Puspan. L. 110–343, § 108(a)(1), reenacted span without change and amended text generally. Prior to amendment, subpar. (A) defined “refined coal”.

Subsec. (c)(7)(A)(i). Puspan. L. 110–343, § 101(span)(1), amended subsec. (c)(7)(A)(i) as amended by Puspan. L. 110–348, § 108(a)(1), by inserting “and” at end of subcl. (II), substituting period for “, and” at end of subcl. (III), and striking out subcl. (IV) which read as follows: “is produced in such a manner as to result in an increase of at least 50 percent in the market value of the refined coal (excluding any increase caused by materials combined or added during the production process), as compared to the value of the feedstock coal, or”.

Subsec. (c)(7)(B). Puspan. L. 110–343, § 101(span)(2), inserted “at least 40 percent of the emissions of” after “nitrogen oxide and”.

Subsec. (c)(7)(C). Puspan. L. 110–343, § 108(a)(2), added subpar. (C).

Subsec. (c)(8)(C). Puspan. L. 110–343, § 101(e), reenacted span without change and amended text generally. Prior to amendment, subpar. (C) described a nonhydroelectric dam facility for purposes of subpar. (A).

Subsec. (c)(10). Puspan. L. 110–343, § 102(span), added par. (10).

Subsec. (d)(1). Puspan. L. 110–343, § 106(c)(3)(B), inserted at end “Such term shall not include any facility with respect to which any qualified small wind energy property expenditure (as defined in subsection (d)(4) of section 25D) is taken into account in determining the credit under such section.”

Puspan. L. 110–343, § 101(a)(1), substituted “January 1, 2010” for “January 1, 2009”.

Subsec. (d)(2)(A). Puspan. L. 110–343, § 101(a)(2)(A), substituted “January 1, 2011” for “January 1, 2009” in cls. (i) and (ii).

Subsec. (d)(2)(B), (C). Puspan. L. 110–343, § 101(d)(2), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (d)(3)(A). Puspan. L. 110–343, § 101(a)(2)(B), substituted “January 1, 2011” for “January 1, 2009” in cls. (i)(I) and (ii).

Subsec. (d)(3)(B), (C). Puspan. L. 110–343, § 101(d)(1), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (d)(4). Puspan. L. 110–343, § 101(a)(2)(C), substituted “January 1, 2011” for “January 1, 2009”.

Subsec. (d)(5). Puspan. L. 110–343, § 102(e), which directed amendment of par. (5) by substituting “the date of the enactment of paragraph (11)” for “January 1, 2012”, was executed by making the substitution for “January 1, 2011” to reflect the probable intent of Congress. See below.

Puspan. L. 110–343, § 101(a)(2)(D), substituted “January 1, 2011” for “January 1, 2009”.

Subsec. (d)(6). Puspan. L. 110–343, § 101(a)(2)(E), substituted “January 1, 2011” for “January 1, 2009”.

Subsec. (d)(7). Puspan. L. 110–343, § 101(c), struck out “combustion” before “facilities” in span and substituted “facility (other than a facility described in paragraph (6)) which uses” for “facility which burns”.

Puspan. L. 110–343, § 101(a)(2)(F), substituted “January 1, 2011” for “January 1, 2009”.

Subsec. (d)(8). Puspan. L. 110–343, § 108(c), reenacted span without change and amended text generally. Prior to amendment, text read as follows: “In the case of a facility that produces refined coal, the term ‘refined coal production facility’ means a facility which is placed in service after the date of the enactment of this paragraph and before January 1, 2010.”

Puspan. L. 110–343, § 101(a)(1), substituted “January 1, 2010” for “January 1, 2009”.

Subsec. (d)(9)(A), (B). Puspan. L. 110–343, § 101(a)(2)(G), substituted “January 1, 2011” for “January 1, 2009”.

Subsec. (d)(11). Puspan. L. 110–343, § 102(c), added par. (11).

Subsec. (e)(8)(D). Puspan. L. 110–343, § 108(span)(1), added subpar. (D).

Subsec. (e)(9)(B). Puspan. L. 110–343, § 108(d)(1), designated existing provisions as cl. (i), inserted span, and added cl. (ii).

2007—Subsec. (c)(3)(A)(ii). Puspan. L. 110–172, § 7(span)(1), struck out “which is segregated from other waste materials and” after “lignin material”.

Subsec. (d)(2)(B)(i) to (iii). Puspan. L. 110–172, § 7(span)(2), inserted “and” at the end of cl. (i), redesignated cl. (iii) as (ii), and struck out former cl. (ii) which read as follows: “the amount of the credit determined under subsection (a) with respect to the facility shall be an amount equal to the amount determined without regard to this clause multiplied by the ratio of the thermal span of the closed-loop biomass used in such facility to the thermal span of all fuels used in such facility, and”.

Subsec. (e)(7)(A)(i). Puspan. L. 110–172, § 9(a), substituted “originally placed in service” for “placed in service by the taxpayer”.

2006—Subsec. (d)(1) to (7), (9). Puspan. L. 109–432 substituted “January 1, 2009” for “January 1, 2008” wherever appearing.

2005—Subsec. (span)(4)(A). Puspan. L. 109–58, § 1301(c)(2), substituted “(7), or (9)” for “or (7)”.

Subsec. (span)(4)(B)(i). Puspan. L. 109–58, § 1301(span)(1), inserted “or clause (iii)” after “clause (ii)”.

Subsec. (span)(4)(B)(ii). Puspan. L. 109–58, § 1301(f)(1), substituted “January 1, 2005,” for “the date of the enactment of this Act”.

Subsec. (span)(4)(B)(iii). Puspan. L. 109–58, § 1301(span)(2), added cl. (iii).

Subsec. (c). Puspan. L. 109–58, § 1301(d)(4), substituted “Resources” for “Qualified energy resources and refined coal” in span.

Subsec. (c)(1)(H). Puspan. L. 109–58, § 1301(c)(1), added subpar. (H).

Subsec. (c)(3)(A)(ii). Puspan. L. 109–135, § 402(span), substituted “lignin material” for “nonhazardous lignin waste material”.

Puspan. L. 109–58, § 1301(f)(2), inserted “or any nonhazardous lignin waste material” after “cellulosic waste material”.

Subsec. (c)(7)(A)(i). Puspan. L. 109–135, § 403(t), struck out “synthetic” after “solid”.

Subsec. (c)(8). Puspan. L. 109–58, § 1301(c)(3), added par. (8).

Subsec. (c)(9). Puspan. L. 109–58, § 1301(d)(2), added par. (9).

Subsec. (d)(1) to (3). Puspan. L. 109–58, § 1301(a)(1), substituted “January 1, 2008” for “January 1, 2006” wherever appearing.

Subsec. (d)(4). Puspan. L. 109–58, § 1301(a)(2), substituted “January 1, 2008 (January 1, 2006, in the case of a facility using solar energy)” for “January 1, 2006”.

Subsec. (d)(5), (6). Puspan. L. 109–58, § 1301(a)(1), substituted “January 1, 2008” for “January 1, 2006”.

Subsec. (d)(7). Puspan. L. 109–58, § 1301(e), inserted at end “Such term shall include a new unit placed in service in connection with a facility placed in service on or before the date of the enactment of this paragraph, but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit.”

Puspan. L. 109–58, § 1301(a)(1), substituted “January 1, 2008” for “January 1, 2006”.

Subsec. (d)(8). Puspan. L. 109–135, § 412(j)(1), substituted “In the case of a facility that produces refined coal, the term” for “The term”.

Subsec. (d)(9). Puspan. L. 109–58, § 1301(c)(4), added par. (9).

Subsec. (d)(10). Puspan. L. 109–135, § 412(j)(2), substituted “In the case of a facility that produces Indian coal, the term” for “The term”.

Puspan. L. 109–58, § 1301(d)(3), added par. (10).

Subsec. (e)(6). Puspan. L. 109–58, § 1301(f)(3), struck out span and text of par. (6). Text read as follows: “In the case of a facility using poultry waste to produce electricity and owned by a governmental unit, the person eligible for the credit under subsection (a) is the lessee or the operator of such facility.”

Subsec. (e)(8)(C). Puspan. L. 109–58, § 1301(f)(4)(B), struck out “and (9)” after “paragraphs (1) through (5)”.

Subsec. (e)(9). Puspan. L. 109–58, § 1322(a)(3)(C)(i), substituted “section 45K” for “section 29” wherever appearing.

Puspan. L. 109–58, § 1301(f)(4)(A), reenacted span without change and amended text of par. (9) generally. Prior to amendment, text read as follows: “The term ‘qualified facility’ shall not include any facility the production from which is allowed as a credit under section 29 for the taxable year or any prior taxable year.”

Subsec. (e)(9)(B). Puspan. L. 109–58, § 1322(a)(3)(C)(ii), inserted “(or under section 29, as in effect on the day before the date of enactment of the Energy Tax Incentives Act of 2005, for any prior taxable year)” before period at end.

Subsec. (e)(10). Puspan. L. 109–58, § 1301(d)(1), added par. (10).

Subsec. (e)(11). Puspan. L. 109–58, § 1302(a), added par. (11).

2004—Puspan. L. 108–357, § 710(span)(3)(B), inserted “, etc” after “resources” in section catchline.

Subsec. (span)(2). Puspan. L. 108–357, § 710(span)(3)(C), substituted “The 1.5 cent amount in subsection (a), the 8 cent amount in paragraph (1), the $4.375 amount in subsection (e)(8)(A), and in subsection (e)(8)(B)(i) the reference price of fuel used as a feedstock (within the meaning of subsection (c)(7)(A)) in 2002” for “The 1.5 cent amount in subsection (a) and the 8 cent amount in paragraph (1)”.

Subsec. (span)(3). Puspan. L. 108–357, § 710(f), inserted “the lesser of ½ or” before “a fraction” in introductory provisions and “This paragraph shall not apply with respect to any facility described in subsection (d)(2)(A)(ii)” in concluding provisions.

Subsec. (span)(4). Puspan. L. 108–357, § 710(c), added par. (4).

Subsec. (c). Puspan. L. 108–357, § 710(a), amended span and text of subsec. (c) generally. Prior to amendment, subsec. (c) defined “qualified energy resources”, “closed-loop biomass”, “qualified facility”, and “poultry waste” for purposes of this section.

Subsec. (c)(3). Puspan. L. 108–311 substituted “January 1, 2006” for “January 1, 2004” in subpars. (A) to (C).

Subsec. (d). Puspan. L. 108–357, § 710(span)(1), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 108–357, § 710(span)(1), redesignated subsec. (d) as (e).

Subsec. (e)(7)(A)(i). Puspan. L. 108–357, § 710(span)(3)(A), substituted “subsection (d)(1)” for “subsection (c)(3)(A)”.

Subsec. (e)(8). Puspan. L. 108–357, § 710(span)(2), added par. (8).

Subsec. (e)(9). Puspan. L. 108–357, § 710(d), added par. (9).

2002—Subsec. (c)(3). Puspan. L. 107–147 substituted “2004” for “2002” in subpars. (A) to (C).

2000—Subsec. (d)(7)(A)(i). Puspan. L. 106–554 substituted “subsection (c)(3)(A)” for “paragraph (3)(A)”.

1999—Subsec. (c)(1)(C). Puspan. L. 106–170, § 507(span)(1), added subpar. (C).

Subsec. (c)(3). Puspan. L. 106–170, § 507(a), reenacted span without change and amended text generally. Prior to amendment, text read as follows: “The term ‘qualified facility’ means any facility owned by the taxpayer which is originally placed in service after December 31, 1993 (December 31, 1992, in the case of a facility using closed-loop biomass to produce electricity), and before July 1, 1999.”

Subsec. (c)(4). Puspan. L. 106–170, § 507(span)(2), added par. (4).

Subsec. (d)(6), (7). Puspan. L. 106–170, § 507(c), added pars. (6) and (7).

Puspan. L. 117–169, title I, § 13101(k), Aug. 16, 2022, 136 Stat. 1913, provided that:

Puspan. L. 117–169, title I, § 13102(q), Aug. 16, 2022, 136 Stat. 1921, provided that:

Puspan. L. 117–169, title I, § 13204(span)(3), Aug. 16, 2022, 136 Stat. 1940, provided that: “The amendments made by this subsection [amending this section and section 45U of this title] shall apply to electricity produced after December 31, 2022.”

Puspan. L. 116–260, div. EE, title I, § 131(d), Dec. 27, 2020, 134 Stat. 3052, provided that: “The amendments made by this section [amending this section and section 48 of this title] shall take effect on January 1, 2021.”

Puspan. L. 116–260, div. EE, title I, § 145(span), Dec. 27, 2020, 134 Stat. 3054, provided that: “The amendments made by this section [amending this section] shall apply to coal produced after December 31, 2020.”

Puspan. L. 116–94, div. Q, title I, § 127(d), Dec. 20, 2019, 133 Stat. 3232, provided that: “The amendments made by this section [amending this section and section 48 of this title] shall take effect on January 1, 2018.”

Puspan. L. 116–94, div. Q, title I, § 128(span), Dec. 20, 2019, 133 Stat. 3232, provided that: “The amendment made by this section [amending this section] shall apply to coal produced after December 31, 2017.”

Puspan. L. 115–123, div. D, title I, § 40408(span), Fespan. 9, 2018, 132 Stat. 149, provided that: “The amendment made by this section [amending this section] shall apply to coal produced after December 31, 2016.”

Puspan. L. 115–123, div. D, title I, § 40409(c), Fespan. 9, 2018, 132 Stat. 150, provided that: “The amendments made by this section [amending this section and section 48 of this title] shall take effect on January 1, 2017.”

Puspan. L. 114–113, div. P, title III, § 301(span), Dec. 18, 2015, 129 Stat. 3038, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2015.”

Puspan. L. 114–113, div. Q, title I, § 186(e)(1), (2), Dec. 18, 2015, 129 Stat. 3074, provided that:

Amendment by section 186(d)(2) of Puspan. L. 114–113 applicable to credits determined for taxable years beginning after Dec. 31, 2015, see section 186(e)(3) of Puspan. L. 114–113, set out as a note under section 38 of this title.

Puspan. L. 114–113, div. Q, title I, § 187(c), Dec. 18, 2015, 129 Stat. 3074, provided that: “The amendments made by this section [amending this section and section 48 of this title] shall take effect on January 1, 2015.”

Puspan. L. 113–295, div. A, title I, § 154(span), Dec. 19, 2014, 128 Stat. 4021, provided that: “The amendment made by this section [amending this section] shall apply to coal produced after December 31, 2013.”

Puspan. L. 113–295, div. A, title I, § 155(c), Dec. 19, 2014, 128 Stat. 4021, provided that: “The amendments made by this section [amending this section and section 48 of this title] shall take effect on January 1, 2014.”

Puspan. L. 113–295, div. A, title II, § 210(h), Dec. 19, 2014, 128 Stat. 4032, provided that: “The amendments made by this section [amending this section and sections 45K, 168, 907, 1012, and 6045 of this title and provisions set out as a note under section 9501 of this title] shall take effect as if included in the provisions of the Energy Improvement and Extension Act of 2008 [Puspan. L. 110–343, div. B] to which they relate.”

Puspan. L. 112–240, title IV, § 406(span), Jan. 2, 2013, 126 Stat. 2340, provided that: “The amendment made by this section [amending this section] shall apply to coal produced after December 31, 2012.”

Puspan. L. 112–240, title IV, § 407(d), Jan. 2, 2013, 126 Stat. 2342, provided that:

Puspan. L. 111–312, title VII, § 702(span), Dec. 17, 2010, 124 Stat. 3311, provided that: “The amendment made by this section [amending this section] shall apply to facilities placed in service after December 31, 2009.”

Puspan. L. 111–5, div. B, title I, § 1101(c), Fespan. 17, 2009, 123 Stat. 319, provided that:

Puspan. L. 110–343, div. B, title I, § 101(f), Oct. 3, 2008, 122 Stat. 3810, provided that:

Puspan. L. 110–343, div. B, title I, § 102(f), Oct. 3, 2008, 122 Stat. 3811, provided that: “The amendments made by this section [amending this section] shall apply to electricity produced and sold after the date of the enactment of this Act [Oct. 3, 2008], in taxable years ending after such date.”

Amendment by section 106(c)(3)(B) of Puspan. L. 110–343 applicable to taxable years beginning after Dec. 31, 2007, see section 106(f)(1) of Puspan. L. 110–343, set out as an Effective and Termination Dates of 2008 Amendment note under section 23 of this title.

Puspan. L. 110–343, div. B, title I, § 108(e), Oct. 3, 2008, 122 Stat. 3821, provided that: “The amendments made by this section [amending this section and section 45K of this title] shall apply to fuel produced and sold after September 30, 2008.”

Amendment by section 7(span) of Puspan. L. 110–172 effective as if included in the provision of the American Jobs Creation Act of 2004, Puspan. L. 108–357, to which such amendment relates, see section 7(e) of Puspan. L. 110–172, set out as a note under section 1092 of this title.

Puspan. L. 110–172, § 9(c), Dec. 29, 2007, 121 Stat. 2484, provided that: “The amendments made by this section [amending this section and section 856 of this title] shall take effect as if included in the provisions of the Tax Relief Extension Act of 1999 [Puspan. L. 106–170] to which they relate.”

Amendment by section 402(span) of Puspan. L. 109–135 effective as if included in the provision of the Energy Policy Act of 2005, Puspan. L. 109–58, to which such amendment relates, see section 402(m)(1) of Puspan. L. 109–135, set out as an Effective and Termination Dates of 2005 Amendments note under section 23 of this title.

Amendment by section 403(t) of Puspan. L. 109–135 effective as if included in the provisions of the American Jobs Creation Act of 2004, Puspan. L. 108–357, to which such amendment relates, see section 403(nn) of Puspan. L. 109–135, set out as a note under section 26 of this title.

Puspan. L. 109–58, title XIII, § 1301(g), Aug. 8, 2005, 119 Stat. 990, as amended by Puspan. L. 110–172, § 11(a)(45), Dec. 29, 2007, 121 Stat. 2488, provided that:

Puspan. L. 109–58, title XIII, § 1302(c), Aug. 8, 2005, 119 Stat. 991, provided that: “The amendments made by this section [amending this section and section 55 of this title] shall apply to taxable years of cooperative organizations ending after the date of the enactment of this Act [Aug. 8, 2005].”

Amendment by section 1322(a)(3)(C) of Puspan. L. 109–58 applicable to credits determined under the Internal Revenue Code of 1986 for taxable years ending after Dec. 31, 2005, see section 1322(c)(1) of Puspan. L. 109–58, set out as a note under section 45K of this title.

Puspan. L. 108–357, title VII, § 710(g), Oct. 22, 2004, 118 Stat. 1557, as amended by Puspan. L. 109–58, title XIII, § 1301(f)(6), Aug. 8, 2005, 119 Stat. 990, provided that:

Puspan. L. 108–311, title III, § 313(span), Oct. 4, 2004, 118 Stat. 1181, provided that: “The amendments made by subsection (a) [amending this section] shall apply to facilities placed in service after December 31, 2003.”

Puspan. L. 107–147, title VI, § 603(span), Mar. 9, 2002, 116 Stat. 59, provided that: “The amendments made by subsection (a) [amending this section] shall apply to facilities placed in service after December 31, 2001.”

Puspan. L. 106–170, title V, § 507(d), Dec. 17, 1999, 113 Stat. 1923, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 17, 1999].”

Section applicable to taxable years ending after Dec. 31, 1992, see section 1914(e) of Puspan. L. 102–486, set out as an Effective Date of 1992 Amendment note under section 38 of this title.

Provisions relating to inflation adjustment of items in this section for certain years were contained in the following:

2023—Internal Revenue Notice 2023–51.

2022–Internal Revenue Notice 2022–20.

2021—Internal Revenue Notice 2021–32.

2020—Internal Revenue Notice 2020–38.

2019—Internal Revenue Notice 2019–41, Internal Revenue Notice 2020–9.

2018—Internal Revenue Notice 2018–50, Internal Revenue Notice 2020–9.

2017—Internal Revenue Notice 2017–33,Internal Revenue Notice 2018–36.

2016—Internal Revenue Notice 2016–34.

2015—Internal Revenue Notice 2015–32, Internal Revenue Notice 2016–11.

2014—Internal Revenue Notice 2014–36.

2013—Internal Revenue Notice 2013–33.

2012—Internal Revenue Notice 2012–35.

2011—Internal Revenue Notice 2011–40.

2010—Internal Revenue Notice 2010–37.

2009—Internal Revenue Notice 2009–40.

2008—Internal Revenue Notice 2008–48.

2007—Internal Revenue Notice 2007–40.

2006—Internal Revenue Notice 2006–51.

2005—Internal Revenue Notice 2005–37.

2004—Internal Revenue Notice 2004–29.

2003—Internal Revenue Notice 2003–29.

2002—Internal Revenue Notice 2002–39.

2001—Internal Revenue Notice 2001–33.

2000—Internal Revenue Notice 2000–52.

1999—Internal Revenue Notice 99–26.

1998—Internal Revenue Notice 98–27.

1997—Internal Revenue Notice 97–30.

1996—Internal Revenue Notice 96–25.