Federal · Title 26 — Internal Revenue Code

26 U.S.C. § 45X: Advanced manufacturing production credit

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produced by the taxpayer, and during the taxable year, sold by such taxpayer to an unrelated person. Any eligible component produced and sold by the taxpayer shall be taken into account only if the production and sale described in paragraph (1) is in a trade or business of the taxpayer. For purposes of this subsection, a taxpayer shall be treated as selling components to an unrelated person if such component is sold to such person by a person related to the taxpayer. At the election of the taxpayer (in such form and manner as the Secretary may prescribe), a sale of components by such taxpayer to a related person shall be deemed to have been made to an unrelated person. As a condition of, and prior to, any election described in clause (i), the Secretary may require such information or registration as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper or excessive amount determined under paragraph (1). 4 cents, multiplied by the capacity of such cell (expressed on a per direct current watt basis), in the case of a photovoltaic wafer, $12 per square meter, in the case of solar grade polysilicon, $3 per kilogram, in the case of a polymeric backsheet, 40 cents per square meter, 7 cents, multiplied by the capacity of such module (expressed on a per direct current watt basis), if such component is a related offshore wind vessel, an amount equal to 10 percent of the sales price of such vessel, and the applicable amount with respect to such component (as determined under paragraph (2)(A)), multiplied by the total rated capacity (expressed on a per watt basis) of the completed wind turbine for which such component is designed, in the case of a torque tube, 87 cents per kilogram, in the case of a structural fastener, $2.28 per kilogram, the applicable amount with respect to such inverter (as determined under paragraph (2)(B)), multiplied by the capacity of such inverter (expressed on a per alternating current watt basis), in the case of electrode active materials, an amount equal to 10 percent of the costs incurred by the taxpayer with respect to production of such materials, $35, multiplied by subject to paragraph (4), the capacity of such battery cell (expressed on a kilowatt-hour basis), $10 (or, in the case of a battery module which does not use battery cells, $45), multiplied by subject to paragraph (4), the capacity of such battery module (expressed on a kilowatt-hour basis), and in the case of any applicable critical mineral, an amount equal to 10 percent (2.5 percent in the case of metallurgical coal) of the costs incurred by the taxpayer with respect to production of such mineral. in the case of a blade, 2 cents, in the case of a nacelle, 5 cents, in the case of a tower, 3 cents, and which uses a fixed platform, 2 cents, or which uses a floating platform, 4 cents. in the case of a central inverter, 0.25 cents, in the case of a utility inverter, 1.5 cents, in the case of a commercial inverter, 2 cents, in the case of a residential inverter, 6.5 cents, and in the case of a microinverter or a distributed wind inverter, 11 cents. the amount determined under paragraph (1) with respect to such component, as determined without regard to this paragraph, multiplied by the phase out percentage under subparagraph (B). in the case of an eligible component sold during calendar year 2030, 75 percent, in the case of an eligible component sold during calendar year 2031, 50 percent, in the case of an eligible component sold during calendar year 2032, 25 percent, in the case of an eligible component sold after December 31, 2032 , 0 percent. the amount determined under paragraph (1) with respect to such mineral, as determined without regard to this subparagraph, multiplied by the phase out percentage under clause (ii). in the case of any applicable critical mineral produced during calendar year 2031, 75 percent, in the case of any applicable critical mineral produced during calendar year 2032, 50 percent, in the case of any applicable critical mineral produced during calendar year 2033, 25 percent, and in the case of any applicable critical mineral produced after December 31, 2033 , 0 percent. This section shall not apply to any wind energy component produced and sold after December 31, 2027 . This section shall not apply to any metallurgical coal produced after December 31, 2029 . For purposes of subparagraph (K)(ii) or (L)(ii) of paragraph (1), the capacity determined under either subparagraph with respect to a battery cell or battery module shall not exceed a capacity-to-power ratio of 100:1. For purposes of this paragraph, the term “capacity-to-power ratio” means, with respect to a battery cell or battery module, the ratio of the capacity of such cell or module to the maximum discharge amount of such cell or module. any solar energy component, any wind energy component, any inverter described in subparagraphs (B) through (G) of paragraph (2), any qualifying battery component, and any applicable critical mineral. The term “eligible component” shall not include any property which is produced at a facility if the basis of any property which is part of such facility is taken into account for purposes of the credit allowed under section 48C after the date of the enactment of this section. In the case of taxable years beginning after the date of enactment of this subparagraph, the term “eligible component” shall not include any property which includes any material assistance from a prohibited foreign entity (as defined in section 7701(a)(52), as applied by substituting “used in a product sold before January 1, 2027 ” for “used in a product sold before January 1, 2030 ” in subparagraph (D)(iv)(II)(bb) thereof). The term “inverter” means an end product which is suitable to convert direct current electricity from 1 or more solar modules or certified distributed wind energy systems into alternating current electricity. The term “central inverter” means an inverter which is suitable for large utility-scale systems and has a capacity which is greater than 1,000 kilowatts (expressed on a per alternating current watt basis). is suitable for commercial or utility-scale applications, has a rated output of 208, 480, 600, or 800 volt three-phase power, and has a capacity which is not less than 20 kilowatts and not greater than 125 kilowatts (expressed on a per alternating current watt basis). is used in a residential or non-residential system which utilizes 1 or more certified distributed wind energy systems, and has a rated output of not greater than 150 kilowatts. The term “certified distributed wind energy system” means a wind energy system which is certified by an accredited certification agency to meet Standard 9.1-2009 of the American Wind Energy Association (including any subsequent revisions to or modifications of such Standard which have been approved by the American National Standards Institute). is suitable to connect with one solar module, 120 or 240 volt single-phase power, or 208 or 480 volt three-phase power, and has a capacity which is not greater than 650 watts (expressed on a per alternating current watt basis). is suitable for a residence, has a rated output of 120 or 240 volt single-phase power, and has a capacity which is not greater than 20 kilowatts (expressed on a per alternating current watt basis). is suitable for commercial or utility-scale systems, has a rated output of not less than 600 volt three-phase power, and has a capacity which is greater than 125 kilowatts and not greater than 1000 kilowatts (expressed on a per alternating current watt basis) 1 1 So in original. Probably should be followed by a period. Solar modules. Photovoltaic cells. Photovoltaic wafers. Solar grade polysilicon. Torque tubes or structural fasteners. Polymeric backsheets. The term “photovoltaic cell” means the smallest semiconductor element of a solar module which performs the immediate conversion of light into electricity. directly from molten or evaporated solar grade polysilicon or deposition of solar grade thin film semiconductor photon absorber layer, or through formation of an ingot from molten polysilicon and subsequent slicing, and which comprises the substrate or absorber layer of one or more photovoltaic cells. The term “polymeric backsheet” means a sheet on the back of a solar module which acts as an electric insulator and protects the inner components of such module from the surrounding environment. suitable for use in photovoltaic manufacturing, and purified to a minimum purity of 99.999999 percent silicon by mass. suitable to generate electricity when exposed to sunlight, and ready for installation without an additional manufacturing process. The term “solar tracker” means a mechanical system that moves solar modules according to the position of the sun and to increase energy output. is part of a solar tracker, is of any cross-sectional shape, may be assembled from individually manufactured segments, spans longitudinally between foundation posts, supports solar panels and is connected to a mounting attachment for solar panels (with or without separate module interface rails), and is rotated by means of a drive system. to connect the mechanical and drive system components of a solar tracker to the foundation of such solar tracker, to connect torque tubes to drive assemblies, or to connect segments of torque tubes to one another. Blades. Nacelles. Towers. Offshore wind foundations. Related offshore wind vessels. The term “blade” means an airfoil-shaped blade which is responsible for converting wind energy to low-speed rotational energy. fixed platforms, such as offshore wind monopiles, jackets, or gravity-based foundations, or floating platforms and associated mooring systems. The term “nacelle” means the assembly of the drivetrain and other tower-top components of a wind turbine (with the exception of the blades and the hub) within their cover housing. The term “related offshore wind vessel” means any vessel which is purpose-built or retrofitted for purposes of the development, transport, installation, operation, or maintenance of offshore wind energy components. The term “tower” means a tubular or lattice structure which supports the nacelle and rotor of a wind turbine. Electrode active materials. Battery cells. Battery modules. The term “electrode active material” means cathode materials, anode materials, anode foils, and electrochemically active materials, including solvents, additives, and electrolyte salts that contribute to the electrochemical processes necessary for energy storage. comprised of 1 or more positive electrodes and 1 or more negative electrodes, with an energy density of not less than 100 watt-hours per liter, and capable of storing at least 12 watt-hours of energy. in the case of a module using battery cells, with 2 or more battery cells which are configured electrically, in series or parallel, to create voltage or current, as appropriate, to a specified end use, or with no battery cells, with an aggregate capacity of not less than 7 kilowatt-hours (or, in the case of a module for a hydrogen fuel cell vehicle, not less than 1 kilowatt-hour), and which is comprised of all other essential equipment needed for battery functionality, such as current collector assemblies and voltage sense harnesses, or any other essential energy collection equipment. converted from bauxite to a minimum purity of 99 percent alumina by mass, or purified to a minimum purity of 99.9 percent aluminum by mass. converted to antimony trisulfide concentrate with a minimum purity of 90 percent antimony trisulfide by mass, or purified to a minimum purity of 99.65 percent antimony by mass. Barite which is barium sulfate purified to a minimum purity of 80 percent barite by mass. converted to copper-beryllium master alloy, or purified to a minimum purity of 99 percent beryllium by mass. converted to cerium oxide which is purified to a minimum purity of 99.9 percent cerium oxide by mass, or purified to a minimum purity of 99 percent cerium by mass. converted to cesium formate or cesium carbonate, or purified to a minimum purity of 99 percent cesium by mass. converted to ferrochromium consisting of not less than 60 percent chromium by mass, or purified to a minimum purity of 99 percent chromium by mass. converted to cobalt sulfate, or purified to a minimum purity of 99.6 percent cobalt by mass. converted to not less than 99 percent pure dysprosium iron alloy by mass, or purified to a minimum purity of 99 percent dysprosium by mass. converted to europium oxide which is purified to a minimum purity of 99.9 percent europium oxide by mass, or purified to a minimum purity of 99 percent by mass. converted to fluorspar which is purified to a minimum purity of 97 percent calcium fluoride by mass, or purified to a minimum purity of 99 percent fluorspar by mass. converted to gadolinium oxide which is purified to a minimum purity of 99.9 percent gadolinium oxide by mass, or purified to a minimum purity of 99 percent gadolinium by mass. converted to germanium tetrachloride, or purified to a minimum purity of 99.99 percent germanium by mass. Graphite which is purified to a minimum purity of 99.9 percent graphitic carbon by mass. indium tin oxide, or indium oxide which is purified to a minimum purity of 99.9 percent indium oxide by mass, or purified to a minimum purity of 99 percent indium by mass. converted to lithium carbonate or lithium hydroxide, or purified to a minimum purity of 99.9 percent lithium by mass. converted to manganese sulphate, or purified to a minimum purity of 99.7 percent manganese by mass. Metallurgical coal which is suitable for use in the production of steel (within the meaning of the notice published by the Department of Energy entitled “Critical Material List; Addition of Metallurgical Coal Used for Steelmaking” (90 Fed. Reg. 22711 ( May 29, 2025 ))), regardless of whether such production occurs inside or outside of the United States. converted to neodymium-praseodymium oxide which is purified to a minimum purity of 99 percent neodymium-praseodymium oxide by mass, converted to neodymium oxide which is purified to a minimum purity of 99.5 percent neodymium oxide by mass 2 2 So in original. Probably should be followed by “, or”. purified to a minimum purity of 99.9 percent neodymium by mass. converted to nickel sulphate, or purified to a minimum purity of 99 percent nickel by mass. converted to ferronibium, or purified to a minimum purity of 99 percent niobium by mass. converted to cadmium telluride, or purified to a minimum purity of 99 percent tellurium by mass. has a purity of greater than 99.99 percent by mass, and possesses an alpha emission rate of not greater than 0.01 counts per hour per centimeter square. Tungsten which is converted to ammonium paratungstate or ferrotungsten. Vanadium which is converted to ferrovanadium or vanadium pentoxide. converted to yttrium oxide which is purified to a minimum purity of 99.999 percent yttrium oxide by mass, or purified to a minimum purity of 99.9 percent yttrium by mass. Arsenic. Bismuth. Erbium. Gallium. Hafnium. Holmium. Iridium. Lanthanum. Lutetium. Magnesium. Palladium. Platinum. Praseodymium. Rhodium. Rubidium. Ruthenium. Samarium. Scandium. Tantalum. Terbium. Thulium. Titanium. Ytterbium. Zinc. Zirconium. Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). the United States (within the meaning of section 638(1)), or a possession of the United States (within the meaning of section 638(2)). Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. For purposes of this section, a person shall be treated as having sold an eligible component to an unrelated person if such component is integrated, incorporated, or assembled into another eligible component which is sold to an unrelated person. a specified foreign entity (as defined in section 7701(a)(51)(B)), or a foreign-influenced entity (as defined in section 7701(a)(51)(D), without regard to clause (i)(II) thereof). In the case of a taxpayer for which section 7701(a)(51)(D)(i)(II) is determined to apply for any taxable year, no credit shall be determined under subsection (a) for such taxable year if such determination relates to an eligible component described in subsection (c)(1). Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply to taxable years beginning after the date of enactment of this Act [ July 4, 2025 ]. The amendment made by subsection (a) [amending this section] shall apply to components sold during taxable years beginning after December 31, 2026 .”

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