The Department of Treasury and the Internal Revenue Service has issued Notice 2023-38 (pdf) for owners of green energy projects, such as wind, solar and energy storage technologies.

Domestic content is generally defined as steel, iron or manufactured products that are manufactured or produced in the United States.

This notice of intent to propose regulations provides initial guidance regarding the application of the rules that taxpayers must satisfy to qualify for the domestic content bonus credit amounts and the related record keeping and certification requirements.

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The guidance also describes a safe harbor regarding the classification of certain components in representative types of qualified facilities, energy projects or energy storage technologies.

Taxpayers may rely on the rules described in this notice for qualified facilities, energy projects or energy storage technologies, the construction of which begins before the date that is 90 days after the date the proposed regulations are published in the Federal Register.