These are proposed regulations concerning the clean electricity low-income communities bonus credit program (Program) established pursuant to the Inflation Reduction Act of 2022 as section 48E(h) of the Internal Revenue Code. Applicants investing in certain non-combustion and gasification clean electricity generation facilities may apply for an allocation of environmental justice capacity limitation (Capacity Limitation) to increase the amount of the clean electricity investment credit for the taxable year in which the facility is placed in service. These proposed regulations describe proposed definitions and requirements that would be applicable for the Program. The proposed regulations would affect applicants seeking allocations of Capacity Limitation to claim the increased clean electricity investment credit under section 48E for the taxable year in which the facility is placed in service.

This revenue procedure modifies section 7 of Rev. Proc. 2024-23, 2024-23 I.R.B. 1334, to modify the procedures under section 446 of the Internal Revenue Code and § 1.446-1(e) of the Income Tax Regulations for obtaining automatic consent of the Commissioner to change methods of accounting for research or experimental expenditures paid or incurred in taxable years beginning after December 31, 2021. Specifically, this revenue procedure expands the waiver of the eligibility rules in section 5.01(1)(d) and (f) of Rev. Proc. 2015-13 to accounting method changes described in section 7.01 of Rev. Proc. 2024-23 that are made in any taxable year beginning in 2022 or 2023. This revenue procedure also permits a taxpayer to make changes under section 7.01 of Rev. Proc. 2024-23 regardless of whether a change under that section has been filed for any other taxable year beginning in 2022 or 2023. Finally, for any change under section 7.01 of Rev. Proc. 2024-23 made in a taxable year beginning in 2022 or 2023 (other than the first taxable year beginning after December 31, 2021), this revenue procedure limits audit protection for research or experimental expenditures paid or incurred in the taxpayer’s first taxable year beginning after December 31, 2021 if the taxpayer failed to make a change for such expenditures for such taxable year.

26 CFR 601.204: Changes in accounting periods and in methods of accounting.

(Also, Part 1, §§ 174, 446; 1.446-1.)