1
 So in original. There are two subpars. (E).
Coordination with other credits
Editorial Notes
References in Text

The date of enactment of this clause, referred to in subsec. (b)(2)(C)(iii), is the date of enactment of Pub. L. 119–21, which was approved July 4, 2025.

The date of the enactment of this section, referred to in subsec. (e)(2), is the date of enactment of Pub. L. 117–169, which was approved Aug. 16, 2022.

Amendments

2025—Subsec. (b)(1)(D). Pub. L. 119–21, § 70512(g)(2), added subpar. (D). Former subpar. (D) redesignated (E) relating to coordination with other credits.

Subsec. (b)(1)(E). Pub. L. 119–21, § 70512(g)(1), redesignated subpar. (D) as (E) relating to coordination with other credits.

Pub. L. 119–21, § 70512(b)(1), added subpar. (E) relating to material assistance from prohibited foreign entities.

Subsec. (b)(2)(C)(iii). Pub. L. 119–21, § 70512(e), added cl. (iii).

Subsec. (d)(1). Pub. L. 119–21, § 70512(a)(1), substituted “Subject to paragraph (4), the amount of” for “The amount of” in introductory provisions.

Subsec. (d)(3), (4). Pub. L. 119–21, § 70512(a)(2), added pars. (3) and (4) and struck out former par. (3). Prior to amendment, text of par. (3) read as follows: “For purposes of this subsection, the term ‘applicable year’ means the later of—

“(A) the calendar year in which the Secretary determines that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than 25 percent of the annual greenhouse gas emissions from the production of electricity in the United States for calendar year 2022, or

“(B) 2032.”

Subsec. (g)(13). Pub. L. 119–21, § 70512(b)(2), added par. (13).

Subsec. (h). Pub. L. 119–21, § 70512(d), added subsec. (h).

Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment

Amendment by Pub. L. 119–21 applicable to taxable years beginning after July 4, 2025, except that amendment by section 70512(a) of Pub. L. 119–21 applicable to facilities the construction of which begins after the date which is 12 months after July 4, 2025, and amendment by section 70512(b)(1) of Pub. L. 119–21 applicable to facilities for which construction begins after Dec. 31, 2025, see section 70512(l)(1), (2), (4) of Pub. L. 119–21, set out in a note under section 45 of this title.

Effective Date

Pub. L. 117–169, title I, § 13701(c), Aug. 16, 2022, 136 Stat. 1990, provided that: “The amendments made by this section [enacting this section and amending section 38 of this title] shall apply to facilities placed in service after December 31, 2024.”