rp-24-19.pdf

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Part III

Administrative, Procedural, and Miscellaneous

26 CFR 601.201: Rulings and determination letters.

Rev. Proc. 2024-19

SECTION 1. PURPOSE

This revenue procedure provides the process under § 48(e) of the Internal Revenue
Code (Code)
1
to apply for an allocation of environmental justice solar and wind capacity
limitation (Capacity Limitation) as part of the low-income communities bonus credit
program (Program) for 2024 (2024 Program year). Solely with respect to the 2024
Program year, this revenue procedure supersedes Rev. Proc. 2023-27, 2023-35 I.R.B.
655, and provides important clarifying changes to the application, documentation, and
lottery procedures that apply to the 2024 Program year. In addition, this revenue
procedure describes how the Capacity Limitation for the 2024 Program year will be
divided across the facility categories described in §§ 48(e)(2)(A)(iii) and 1.48(e)-1(b)(2),

1
Unless otherwise specified, all “section” or “§” references are to sections of the Code or the Income Tax
Regulations (26 CFR part 1).

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the Category 1 sub-reservation described in § 1.48(e)-1(i)(1), and the additional
selection criteria application options described in § 1.48(e)-1(h). Receipt of an
allocation increases the amount of an energy investment credit determined under
§ 48(a) (§ 48 credit) for the taxable year in which certain solar and wind-powered
electricity generation facilities are placed in service.
SECTION 2. BACKGROUND
.01 Section 13103 of Public Law 117–169, 136 Stat. 1818, 1921 (August 16, 2022),
commonly known as the Inflation Reduction Act of 2022 (IRA), added new § 48(e) to the
Code. Section 48(e) increases the amount of the § 48 credit with respect to eligible
property that is part of a qualified solar or wind facility that is awarded an allocation of
Capacity Limitation as part of the Program. The § 48 credit for a taxable year is
generally calculated by multiplying the basis of each energy property placed in service
during that taxable year by the energy percentage (as defined in § 48(a)(2)). Section
48(e) increases the § 48 credit by increasing the energy percentage used to calculate
the amount of the § 48 credit (§ 48(e) Increase) in the case of qualified solar and wind
facilities that receive an allocation of Capacity Limitation.
.02 Section 48(e)(4) directs the Secretary of the Treasury or her delegate to
establish a program, within 180 days of enactment of the IRA, to allocate amounts of
Capacity Limitation to qualified solar and wind facilities. Notice 2023–17, 2023–10
I.R.B. 505, established the Program and provided definitions and other guidance related
to the Program. On June 1, 2023, the Department of the Treasury (Treasury
Department) and the Internal Revenue Service (IRS) published in the Federal Register
(88 FR 35791) a notice of proposed rulemaking (REG-110412-23, 2023-26 I.R.B. 1098)

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under § 48(e) (Proposed Rules) relating to the Program. On August 15, 2023, Treasury
Decision 9979 was published in the Federal Register (88 FR 55506) to adopt the
Proposed Rules with modifications as final regulations codified at § 1.48(e)-1 (Final
Regulations).
.03 On August 28, 2023, the Treasury Department and the IRS published Rev. Proc.
2023-27, which provided guidance necessary to implement the Program for 2023 (2023
Program year), including the information an applicant must submit to apply for a
Capacity Limitation allocation, the application review process, the manner of obtaining a
Capacity Limitation allocation from the IRS, and the procedures and documentation
requirements for reporting that a facility was placed in service. This revenue procedure
supersedes Rev. Proc. 2023-27 solely with respect to the 2024 Program year and
provides guidance necessary to implement the Program for the 2024 Program year.
The procedures for the 2024 Program year provided in this revenue procedure generally
follow those provided in Rev. Proc. 2023-27 with certain clarifying changes to the
application and documentation requirements described in more detail in sections 3
through 13 of this revenue procedure.
SECTION 3. CAPACITY LIMITATION AVAILABLE FOR ALLOCATION
.01 The amount of Capacity Limitation for the 2024 Program year available for
allocation through the application process provided in this revenue procedure is limited
to the annual Capacity Limitation of 1.8 gigawatts of direct current capacity plus any
unallocated Capacity Limitation carried over from the 2023 Program year. If any such
Capacity Limitation from the 2023 Program year is carried over to the 2024 Program
year, the Treasury Department and the IRS will announce the distribution of that

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Capacity Limitation.
.02 As provided in § 1.48(e)-1(g), the annual Capacity Limitation available for
allocation is divided across the four facility categories described in §§ 48(e)(2)(A)(iii)
and 1.48(e)-1(b)(2). For the 2024 Program year, the Treasury Department and the IRS
plan to distribute the annual Capacity Limitation of 1.8 gigawatts of direct current
capacity as shown in Table 1. As described in § 1.48(e)-1(g), the Treasury Department
and the IRS may later reallocate Capacity Limitation across facility categories in the
event any category is oversubscribed or has excess capacity.
Table 1
Categories Megawatts
Category 1: Located in a Low-Income Community
Category 2: Located on Indian Land
Category 3: Qualified Low-Income Residential Building Project
Category 4: Qualified Low-Income Economic Benefit Project
600 megawatts
200 megawatts
200 megawatts
800 megawatts

SECTION 4. CATEGORY 1 SUB-RESERVATIONS
As provided in § 1.48(e)-1(i)(1), Category 1 Capacity Limitation is subdivided for
each Program year, with a specific sub-reservation for eligible residential behind the
meter (BTM) facilities. Accordingly, the 600 megawatts of Capacity Limitation for
Category 1 facilities will be subdivided for facilities seeking a Category 1 allocation with
400 megawatts of Capacity Limitation reserved specifically for eligible residential BTM
facilities described in § 1.48(e)-1(i)(2)(ii), including rooftop solar. The remaining 200
megawatts of Capacity Limitation distributed to Category 1 is available for applicants

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with front of the meter (FTM) facilities described in § 1.48(e)-1(i)(2)(iii) as well as non-
residential BTM facilities that meet the requirements of § 1.48(e)-1(i)(2)(i).
SECTION 5. APPLICATION
.01 In general. An applicant (described in section 6 of this revenue procedure) must
apply for an allocation of Capacity Limitation through Department of Energy’s (DOE)
online Program portal system (Portal), available at https://eco.energy.gov/ejbonus/s/.
The application must contain all information, documentation, and attestations specified
in section 7 of this revenue procedure and any additional information required by DOE’s
publicly available written procedures.
.
02 Selection of the appropriate category or sub-reservation. Applicants must submit
applications for a particular facility category described in § 1.48(e)-1(b)(2) (that is,
Category 1 Facility, Category 2 Facility, Category 3 Facility, or Category 4 Facility). If
the applicant is applying in Category 1, the applicant must also select the appropriate
Category 1 sub-reservation described in § 1.48(e)-1(i) (that is, eligible residential BTM
or other facilities located in low-income communities). In addition, applicants must
select the appropriate application option (for example, additional selection criteria, if
applicable) within the facility category or Category 1 sub-reservation to which they are
applying. DOE will not move applications to a different facility category or Category 1
sub-reservation.
.
03 One application for the 2024 Program year. Applicants may only submit one
application per facility for the 2024 Program year. If, after submitting an application for
a facility, the applicant decides that it would rather have the facility considered for an
allocation under a different facility category or Category 1 sub-reservation, the applicant

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must withdraw the first application and submit a second application under the other
facility category or Category 1 sub-reservation. If DOE identifies that an applicant has
submitted more than one application for a facility (and the applicant has not withdrawn
previously submitted application(s)), any application submitted after the first submitted
application will be considered a duplicate application and will be treated as withdrawn.
.04 Opening and closing dates of 2024 Program year application period. The
Treasury Department and the IRS will publicly announce the opening and closing dates
for the 2024 Program year application period on DOE’s landing page for the Program
(Program Homepage), available at https://www.energy.gov/justice/low-income-
communities-bonus-credit-program. DOE will not accept new application submissions
for the 2024 Program year after 11:59 PM ET on the date the application period closes.
SECTION 6. APPLICANT
.01 In general. The owner of the solar or wind facility is the person who must apply
for an allocation of Capacity Limitation. If the facility is determined to be eligible for an
allocation, and there is Capacity Limitation available to allocate, the owner of the facility
is the recipient of the allocation of Capacity Limitation.
.
02 Disregarded entities. If a qualified solar or wind facility is owned by an entity that
is disregarded as separate from its owner for federal income tax purposes, the owner of
the disregarded entity is the owner of the facility and is the applicant.
.
03 Partnerships and S corporations. If a qualified solar or wind facility is owned by a
partnership or S corporation, then the partnership or S corporation, and not its partners
or shareholders, is the owner of the facility and is the applicant. For unincorporated
organizations that have made or will make an election under § 761(a) to be excluded

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from the application of subchapter K of chapter 1 of the Code (subchapter k), the
organization, and not its members, is the applicant.
SECTION 7. APPLICATION PROCESS
.01 Registration in general. Applicants must register in the Portal b efore they can
begin the application process. Potential applicants should follow DOE’s publicly
available procedures to register in the Portal and to submit applications. To register,
applicants must first create a login.gov account before accessing the Portal. After a
login.gov account has been created, the user can register as the applicant in the Portal.
See the Applicant User Guide, which can be found on the Program Homepage, for more
information. Applications may be submitted only through the Portal.
.
02 Application Submission. The applicant must submit their application, including
any required information, documentation, and attestations required by section 7 of this
revenue procedure, under penalties of perjury. The person completing and submitting
the application must have personal knowledge of the facts related to the application and
be a person who is legally authorized to (1) bind the applicant entity for federal income
tax purposes, including providing, under penalties of perjury, the attestations under
sections 7.06, 7.07, 7.08 and 10.02 of this revenue procedure; (2) communicate with
DOE about the application prior to and after submission of the application; and
(3) receive notifications, letters, and other communications from DOE and the IRS about
the Program. For example, an application may be authorized by an officer of a
corporation, a general partner of a state law partnership, a member-manager on behalf
of a limited liability company, a trustee on behalf of a trust, or the proprietor in the case
of a sole proprietorship. The person submitting the application must attest through the

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Portal that they have the requisite authority to legally bind the applicant with respect to
federal income tax matters.
.03 Applicant Information. The application must include the following identifying
information of the applicant:
(1) The name of the applicant;
(2) The unique federal taxpayer identification number for the applicant. Unless a
transfer request is reviewed and approved by the IRS or the unincorporated
organization has made a § 761(a) election to be excluded from the application of
subchapter K (see section 13 of this revenue procedure), the taxpayer identification
number of the applicant must match the taxpayer identification number of the taxpayer
that will claim the energy percentage increase under § 48(e), or, in the case of a
partnership or S corporation, the partnership or S corporation that owns the facility when
it is placed in service;
(3) The applicant’s address;
(4) If the applicant is a subsidiary corporation of a consolidated group filing a
consolidated federal income tax return, the legal name and federal taxpayer
identification number of the parent corporation of the consolidated group; and
(5) Any other information required by DOE’s publicly available written procedures.
.04 Facility Information.
(1) In general. The application requires the applicant to provide the information
about the facility described in section 7.04(2) and 7.04(3) of this revenue procedure.
(2) F
acility maximum net output and nameplate capacity.
(a) Wind facility. Applicants seeking an allocation for a wind facility must report

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the expected maximum net output of the facility defined as the nameplate capacity of
the facility in alternating current. Wind facilities selected for an allocation will be
awarded an amount of Capacity Limitation in direct current that is equal to the facility’s
reported nameplate capacity in alternating current.
(b) Solar facility. Applicants seeking an allocation for a solar facility must report
the expected maximum net output of the facility as measured in alternating current and
the nameplate capacity of the facility in direct current. Solar facilities selected for an
allocation will be awarded an amount of Capacity Limitation in direct current that is
equal to the facility’s reported nameplate capacity in direct current.
(3) F
acility location. Applicants are required to report the location of the facility,
including street address (if applicable) and coordinates (latitude and longitude).
.05 D
ocumentation.
(1) In general. Applicants must submit the documentation specified in sections
7.05(2) and 7.05(3) of this revenue procedure with an application for an allocation of
Capacity Limitation. An application is not complete and may be rejected if any required
documentation is not included.
(2) F
acility documentation. As specified in Table 2, the following documents are
required for each facility for which an application is submitted:

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Table 2

2
As defined in § 1.48(e)-1(i)(2)(iii), for the purposes of the Program, a qualified solar or wind facility is
front of the meter (FTM) if it is directly connected to a grid and its primary purpose is to provide electricity
to one or more offsite locations via such grid or utility meters with which it does not have an electrical
connection; alternatively, FTM is defined as a facility that is not BTM. For the purposes of Category 4, a
qualified solar or wind facility is also FTM if 50 percent or more of its electricity generation on an annual
basis is physically exported to the broader electricity grid.
3
As defined in § 1.48(e)-1(i)(2)(i), a qualified wind or solar facility is behind the meter (BTM) if (1) it is
connected with an electrical connection between the facility and the panelboard or sub-panelboard of the
site where the facility is located, (2) it is to be connected on the customer side of a utility service meter
before it connects to a distribution or transmission system (that is, before it connects to the electricity
grid), and its primary purpose is to provide electricity to the utility customer of the site where the facility is
located. This also includes systems not connected to a grid and that may not have a utility service meter,
and whose primary purpose is to serve the electricity demand of the owner of the site where the system is
located.
4
If the applicant is not a party named in the contract, the applicant must provide with the applicable
contract a statement explaining why the applicant is not named in the contract and the relationship
between the appropriate entity named in the contract and the applicant—the latter of which must be the
owner of the facility to be eligible to apply for an allocation of Capacity Limitation.
Document Requirement FTM
2
BTM
3

<= 1 MW AC
BTM
> 1 MW AC
One of the following documents, in its entirety,
inclusive of any amendments, appendices,
consumer disclosures, and schedules thereto,
executed by each party
4
on or before the date of
application submission:
1) If the applicant will not execute a lease or a
power purchase agreement (PPA) with respect to
the facility, an executed contract for the installation
of the facility owned by the applicant (for example,
an engineering, procurement, and construction
contract). For purposes of meeting this
requirement, if the applicant will self-install the
facility, the applicant must submit a contract to
purchase the solar generation or wind generation
equipment;
2) If the applicant will execute a lease with respect
to the facility, an executed contract to lease the
facility between the applicant (as the lessor) and
No Yes Yes

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5
If an affidavit is provided, it must be signed by an individual with authority to bind the applicant.
the lessee; or
3) If the applicant will execute a PPA with respect
to the facility, an executed power purchase
agreement for the generation by the facility
between the applicant and the offtaker of the
electricity generated.
A copy of the final, executed interconnection
agreement, if applicable (see below).
If the facility is located in a market where the
interconnection agreement cannot be
countersigned by the interconnecting utility prior to
completion of construction or interconnection of the
facility, the applicant must provide: 1) a copy of the
interconnection agreement or offer signed by the
applicant (or its agent), 2) a copy of the final
completed interconnection screen/study, and 3)
either a conditional approval letter from the
interconnecting utility or an affidavit
5
stating that,
based on the interconnecting utility’s guidance, the
facility’s interconnection agreement cannot be
countersigned by the interconnecting utility and
executed until after construction of the facility. If
an interconnection agreement is not applicable to
the facility (for example, due to utility ownership),
the interconnection agreement requirement is
satisfied by a final written decision from a Public
Utility Commission, cooperative board, or other
governing body with sufficient authority that
financially authorizes the facility.
Yes No Yes

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(3) Facility category specific document. The application must include the following
documents for the applicable facility category:
Table 3
Document Requirement
Category
1
Category
2
Category
3
Category
4
Documentation demonstrating property will
be installed on an eligible residential building.

No No Yes No
Draft Benefits Sharing Statement.
No No Yes No

.06 Attestations.
(1) In general. Each applicant must make the required attestations as specified in
sections 7.06(2) and 7.06(3) of this revenue procedure. The attestations in sections
7.06(2) and 7.06(3) are included as part of the application in the Portal. An applicant
will be unable to submit their application if any required attestations are not completed.
(2) F
or all facilities. As specified below in Table 4, the following attestations are
required for each facility for which an application is submitted:
Table 4
Attestation Requirement
FTM BTM
<= 1 MW AC
BTM
> 1 MW AC
I attest that the qualifying facility has site control of
the real property on which the facility will be installed
and placed in service through ownership of the real
property, an executed lease for the real property, or a
site access agreement or similar agreement between
the real property owner and the applicant.
Yes No No

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For a facility on lands under 25 U.S.C. 3501(2)(A)-(C)
(Indian Land), I attest that I have obtained the
applicable approval of the Tribal government or
Alaska Native Corporation landowner. For a facility
not on Indian Land, complete this attestation to attest
that the facility is not on Indian Land.
Yes Yes Yes
I attest that the qualifying facility has obtained all
applicable federal, state, tribal, and local non-
ministerial permits for the facility, or that the facility is
not required to obtain such permits.
6

Yes Yes Yes
I attest that when performing the activities that
support this application, I was, or will be, in
compliance with all relevant federal, state, and local
laws, including consumer protection provisions, and
safety obligations, and that the applicant did not and
will not engage in any unfair or deceptive acts or
practices.
Yes Yes Yes
I attest that the qualified facility is sized, or that
customer/offtaker subscriptions will be sized, to meet
the customer’s energy needs, considering historical
customer load and/or reasonable future load
projections, and is in accordance with applicable
state and local requirements.
Yes Yes Yes
I attest that the proposed location of the facility has
been determined suitable for installation.
Yes Yes Yes
I attest that I reasonably believe the qualifying facility
meets the statutory definition of a single “qualified
Yes Yes Yes

6
Non-ministerial permits are permits in which one or more officials or agencies consider various factors
and exercise some discretion in deciding whether to issue or deny permits. This does not include
ministerial permits based upon a determination that the request complies with established standards such
as electrical or building permits. Non-ministerial permits typically come with conditions and usually
require public notice or hearings. Examples of non-ministerial permits include local planning board
authorization, conditional use permits, variances, and special orders.

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solar and wind facility” ((§ 48(e)(2)(A)) and, if
applicable, multiple solar or wind energy properties or
facilities that are operated as part of a single project
(consistent with the single-project factors provided in
section 7.01(2)(a) of Notice 2018–59, 2018–28 I.R.B.
196 or section 4.04(2) of Notice 2013–29, 2013–20
I.R.B. 1085) are aggregated and treated as a single
facility.
I attest that the qualifying facility has not been placed
in service at the time of this submission and will not
be placed in service prior to being awarded an
allocation of Capacity Limitation.
Yes Yes Yes

(3) Facility and category specific attestations. The application must include the
following attestations for the applicable facility category:
Table 5
Attestation Requirement
Category
1
Category
2
Category
3
Category
4
Facility location is eligible.
7

Yes Yes No No
I attest that any end-use
customer(s)/offtaker(s) of the qualifying facility
have and/or will receive consumer disclosures
informing them of their legal rights and
protections prior to executing a contract to
subscribe or purchase power from the facility
or lease a facility.
Yes Yes Yes Yes

7
For Category 1, the applicant must attest that the facility will be located in a low-income community, as
defined in the Final Regulations for the Program, specifically § 1.48(e)-1. A map that captures applicable
census tracts will be available in DOE’s publicly available written procedures to assist applicants. For
Category 2, the applicant must attest that the facility will be located on Indian Land as defined in
§ 2601(2) of the Energy Policy Act of 1992 (25 U.S.C. 3501(2)).

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I attest that at least 50% of the qualifying
facility’s total kW output will be assigned to
qualified low-income households (defined
under § 48(e)(2)(C)(i) or (ii)) at a minimum
20% bill credit discount rate, defined as the
difference between the financial benefit
provided to a Qualifying Household (including
utility bill credits, reductions in a Qualifying
Household’s electricity rate, or other monetary
benefits accrued by the Qualifying Household
on their utility bill) and the cost of participating
in the program (including subscription
payments for renewable energy and any other
fees or charges), expressed as a percentage of
the financial benefit provided to the low-income
household.
No No No Yes

.07 Ownership Criteria documentation and attestation. In addition to the information,
documentation, and attestations required above, any applicant purporting to meet the
Additional Selection Criteria for Ownership Criteria, as described under § 1.48(e)-
1(h)(2), must submit with their application the documentation specified below to
demonstrate that they meet the Ownership Criteria.
(1) T
ribal Enterprise. An applicant claiming to be a Tribal Enterprise must provide
proof of inclusion of its Indian Tribal government (Tribal government) owner on the
current list of Tribal entities recognized and eligible for funding and services by the
Bureau of Indian Affairs (BIA).
(2) A
laska Native Corporation. An applicant claiming to be an Alaska Native
Corporation (ANC) must provide a copy of the relevant portions of the ANC’s articles of

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incorporation and bylaws (and any relevant amendments), including the first page with
the title of the document and, if applicable, the signature pages.
(3) Renewable Energy Cooperative. An applicant that claims to be a Renewable
Energy Cooperative, as described under § 1.48(e)-1(h)(2)(v), must provide a copy of its
articles of incorporation and bylaws. The applicant must highlight the relevant language
in these documents that demonstrates the entity meets either the consumer/purchasing
cooperative requirements under § 1.48(e)-1(h)(2)(v)(A) or is a worker cooperative
controlled by its worker-members with each member having an equal voting right as
described under § 1.48(e)-1(h)(2)(v)(B).
(4) Q
ualified Renewable Energy Company. Applicants claiming to be a qualified
renewable energy company (QREC), as described in § 1.48(e)-1(h)(2)(vi), must provide
documentation to support each of the below requirements in a single package upload.
(a) Statement of business purpose attestation. The applicant must submit the
following attestation: “I declare that the business purpose of this organization is to serve
low-income communities and provide pathways for the adoption of clean energy by low-
income households, as required under § 1.48(e)-1(h)(2)(vi).” This attestation must be
signed by the applicant and uploaded as an Additional Selection Criteria Ownership
Criteria document in the Portal.
(b) A
t least 51 percent ownership requirement. The applicant must provide
documentation which demonstrates that the applicant entity meets the at least 51
percent ownership requirements under § 1.48(e)-1(h)(2)(vi)(A)-(F).
(i) For applicants whose equity interests are at least 51 percent owned and
controlled by one or more individuals, the applicant must provide a list of all individuals

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with an equity interest in the entity and specify for each individual the percentage of
their ownership interest in the applicant entity.
(ii) For applicants whose equity interests are at least 51 percent owned and
controlled by a Community Development Corporation (CDC), the applicant must submit
(1) a copy of the award letter, or other communication, from the Department of Housing
and Urban Development (HUD) demonstrating that the CDC which owns and controls
the applicant has received financial assistance under HUD’s Urban and Rural Special
Impact Programs (42 U.S.C. 9806); and (2) documentation showing the CDC owns and
controls the applicant entity.
(iii) For applicants whose equity interests are at least 51 percent owned and
controlled by an agricultural or horticultural cooperative, documentation demonstrating
that the applicant entity is at last 51 percent owned and controlled by an agricultural or
horticultural cooperative,
(iv) For applicants whose equity interests are at least 51 percent owned and
controlled by a Tribal government, the applicant entity must provide (1) documentation
that its Tribal government owner is on the current list of Tribal entities recognized and
eligible for funding and services by the BIA; and (2) documentation showing the Tribal
government owns and controls the applicant entity.
(v) For applicants whose equity interests are at least 51 percent owned and
controlled by an ANC, the applicant must provide (1) a copy of the ANC’s Articles of
Incorporation and bylaws (including any amendments); and (2) documentation showing
the ANC owns and controls the applicant entity.
(vi) For applicants whose equity interests are at least 51 percent owned and

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controlled by a Native Hawaiian organization (NHO), the applicant must provide
(1) documentation which demonstrates the legal status of the NHO; and
(2) documentation showing the NHO owns and controls the applicant entity.
(c) Employment and gross receipts. The applicant entity must provide
documentation that demonstrates it meets the employment and gross receipts
requirements under § 1.48(e)-1(h)(2)(vi)(G). To demonstrate this, the applicant entity
must provide the following documentation:
(i) A list of all current employees of the applicant, indicating the number of full-
time and full-time equivalent employees, as provided in § 1.48(e)-1(h)(2)(vi)(G).
(ii) A copy of a federal tax filing for the previous tax year listing the applicant
entity’s gross receipts.
(iii) Either a statement providing that the applicant does not have any affiliates

or, if the applicant has affiliates, a summary list of each affiliate entity of the applicant
and a list of all current employees of affiliates, indicating the number of full-time and full-
time equivalent employees, as provided in § 1.48(e)-1(h)(2)(vi)(G), and a list of affiliate
entity gross receipts from the previous taxable year, broken down by each affiliate
entity.
(d) Installation, operation, or services requirement. The applicant entity must
provide documentation to demonstrate the applicant meets the requirements of
§ 1.48(e)-1(h)(2)(vi)(H) or (I).
(i) To demonstrate that the applicant meets the requirements of § 1.48(e)-
1(h)(2)(vi)(H), the applicant must provide (1) documentation indicating the QREC has
been in existence and operating for at least two years; and (2) an executed (by each

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party) contract, in its entirety (including any amendments, appendices, consumer
disclosures, and schedules, and dated at least two years prior to the date of application
to this Program), to install and/or operate a qualified facility as defined in § 48(e)(2)(A).
(ii) To demonstrate that the applicant meets the requirements of § 1.48(e)-
1(h)(2)(vi)(I), the applicant must provide a list of all qualified solar or wind facilities, as
defined in § 48(e)(2)(A), to which the applicant has provided services in eligible low-
income communities, the geographic coordinates of each facility, and the nameplate
capacity of each facility. For any selection of the facilities in the list which cumulatively
amount to at least 100 kW in nameplate capacity, the applicant must provide executed
contracts (in their entirety, inclusive of any amendments, appendices, consumer
disclosures, and schedules) to install and/or operate the facility.
(5) Qualified tax-exempt entity. An applicant claiming to be a qualified tax-exempt
entity described in § 1.48(e)-1(h)(2)(vii) must provide documentation supporting its claim
as described below.
(a) An applicant claiming to be described in § 501(c)(3), § 501(c)(12), or § 501(d)
must provide the following:
(i) If its exempt status is currently recognized by the IRS, proof of listing in IRS
Pub. 78, Cumulative List of Organizations Described in § 170(c) (see the “Tax Exempt
Organization Search” page on the IRS website), or in the Exempt Organizations
Business Master File Extract (also available on the IRS website), such as a screenshot
within the last 30 days, or, if issued within the last 12 months, a copy of its IRS
determination letter or a letter from the IRS affirming its exempt status. See Pub. 4573,
Group Exemptions, for information on group exemptions and returns.

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(ii) If its exempt status has never been recognized by the IRS, a copy of its
annual information return or notice under § 6033 filed within the last two years (if it has
so filed). Section 501(c)(3) and 501(c)(12) organizations file a Form 990-series return or
notice such as Form 990, Return of Organization Exempt from Tax. Section 501(d)
organizations file Form 1065, U.S. Return of Partnership Income.
(iii) If an applicant’s exempt status has never been recognized by the IRS and it
has not filed an annual information return or notice within the last two years, the
applicant must provide other documentation demonstrating that it is described in
§ 501(c)(3), § 501(c)(12), or § 501(d) (such as its governing documents) and
demonstrating that it is currently excepted from, or otherwise in compliance with, its
exemption application requirements and information return filing requirements, unless it
is a church or a convention or association of churches described in § 170(b)(1)(A)(i), in
which case it may submit the following attestation, uploaded by the applicant in the
Portal, signed by a person authorized to bind the entity: “Solely for purposes of the
§ 48(e) credit, I certify that Entity is a church or a convention or association of churches
described in § 170(b)(1)(A)(i). I further certify that I am an officer of the Entity and that I
am duly authorized to sign this statement on behalf of the Entity.”
(iv) An applicant described in § 501(c)(12) must also demonstrate that it is a
corporation that operates on a cooperative basis and explain, in a statement uploaded
by the applicant in the Portal, the extent to which it is engaged in furnishing electric
energy to persons in rural areas.
(b) An applicant claiming to be a State, the District of Columbia, a Tribal

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government (as defined in § 30D(g)(9)
8
), a political subdivision of any of the foregoing,
9

or an agency or instrumentality of any of the foregoing,
10
must provide the following:
(i) A private letter ruling issued by the IRS ruling on its status, if any, or
(ii) An attestation signed under penalties of perjury, by a person authorized to
bind the applicant, certifying that, to the best of the person’s knowledge and belief, that
the entity is a State, the District of Columbia, a Tribal government, a political subdivision
of any of the foregoing, or an agency or instrumentality of any of the foregoing, and
acknowledging that this representation is not for the purpose of examination or
inspection within the meaning of IRC § 7605(b). The attestation must be uploaded as
part of the application in the Portal by the applicant. In addition to the acknowledgment
described above, the attestation must include the following statement: “Solely for
purposes of the § 48(e) credit, the applicant qualifies as a [insert the entity type as
described above in this section].”
(iii) In the case of an applicant claiming to be a Tribal government, a
subdivision of a Tribal government, or an agency or instrumentality of any of the
foregoing, proof that the Tribe is on the current list of Tribal entities recognized and
eligible for funding and services published by the BIA, available on the BIA website.
(6) Qualifying entity in a partnership. If an applicant does not itself meet the
Ownership Criteria described in § 1.48(e)-1(h)(2), but the applicant is an entity treated

8
For a general discussion of Tribal governments and their subdivisions, see Section 5.12 of Rev. Proc.
2024-1, 2024-1 IRB 1, and § 7871.
9
For a general discussion of political subdivisions of States, see Rev. Rul. 77-164, 1977-1 C.B. 20, Rev.
Rul. 78-276, 1978-2 C.B. 256, and Rev. Rul. 83-131, 1983-2 C.B. 184.
10
For a general discussion of agencies and instrumentalities of governments, see Rev. Rul. 57-128,
1957-1 C.B. 311, Rose v. Long Island Railroad Pension Plan, 828 F.2d 910, 918 (2d Cir. 1987), cert.
denied, 485 U.S. 936 (1988), and Bernini v. Federal Reserve Bank of St. Louis, Eighth District, 420 F.
Supp. 2d 1021 (E.D. Mo. 2005).

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as a partnership for federal income tax purposes, and an entity described in § 1.48(e)-
1(h)(2) and section 7.07 of this revenue procedure (that is, an entity that meets the
Ownership Criteria) owns at least a one percent interest (either directly or indirectly) in
each material item of partnership income, gain, loss, deduction, and credit and is a
managing member or general partner (or similar title) under State law of the partnership
(or directly owns 100 percent of the equity interests in the managing member or general
partner) at all times during the existence of the partnership, the qualified solar or wind
facility owned by the applicant will be deemed to meet the Ownership Criteria. In
addition to providing the documentation described in section 7.07 of this revenue
procedure with respect to the relevant partner meeting the requirements of § 1.48(e)-
1(h)(2) (that is, the partner which the applicant is claiming meets the Ownership
Criteria), the applicant must also submit documentation to demonstrate that the
requirements described in § 1.48(e)-1(h)(2)(ii)(B) are satisfied if the applicant is claiming
to meet the Ownership Criteria based on this provision.
.08 Geographic Criteria attestation. If the applicant claims that it meets the
Additional Selection Criteria for Geographic Criteria described in § 1.48(e)-1(h)(3) with
respect to Categories 1, 3, or 4, it must provide an attestation that the qualifying facility
will be located in a Persistent Poverty County (PPC) or in a census tract that is
designated as disadvantaged in the Climate and Economic Justice Screening Tool
(CEJST) as defined in § 1.48(e)-1(h)(3).
11

SECTION 8. REVIEW AND SELECTION PROCESS
.01 In general. DOE will review applications for the Program and provide a

11
Maps that capture applicable census tracts are available in DOE’s publicly available written procedures
to assist applicants.

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recommendation to the IRS regarding whether to award an applicant an amount of
Capacity Limitation with respect to a facility. Based on DOE’s recommendation, the IRS
will award the applicant a Capacity Limitation allocation or reject the application.
.02 Order of application review and recommendation for allocation.
(1) First 30 days. When the application period opens for the 2024 Program year,
there will be a 30-day period during which applications will initially be accepted for each
facility category. All applications submitted within the first 30-days will be treated as
submitted on the same date and at the same time. DOE will publicly announce on the
Program Homepage the opening and closing dates of the 30-day period. All
applications submitted by 11:59 PM ET on the closing date will be considered submitted
during the initial 30-day period. Refer to section 8.02(3) of this revenue procedure for
information regarding the lottery for applications submitted during the first 30 days in
oversubscribed facility categories or Category 1 sub-reservations.
(2) A
pplications submitted after the 30-day period. Following the 30-day period,
DOE will continue to accept applications until the close of the 2024 Program application
period. Provided there is remaining Capacity Limitation in a facility category or
Category 1 sub-reservation, DOE will review applications submitted in those facility
categories or Category 1 sub-reservation after the 30-day period. Within each facility
category or Category 1 sub-reservation, DOE will make recommendations for an
allocation of Capacity Limitation with respect to applications submitted after the close of
the 30-day period in the order in which applications are received in a particular facility
category or Category 1 sub-reservation. The IRS will award Capacity Limitation
allocations in the order that it receives recommendations from DOE.

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(3) Lottery for applications submitted during the 30-day period. For oversubscribed
facility categories and Category 1 sub-reservations, DOE will conduct a lottery at the
end of the 30-day period described in section 8.02(1) of this revenue procedure for
applications submitted during that period. The lottery is conducted prior to application
review. Lottery scores will be used to determine which qualified facilities are eligible for
a recommendation for an allocation of Capacity Limitation if a facility category or
Category 1 sub-reservation is oversubscribed. Refer to section 8.03(2) of this revenue
procedure for information regarding how applications meeting Additional Selection
Criteria are prioritized over other applications. Regardless of an application’s lottery
score, a facility will not receive a recommendation for an allocation of Capacity
Limitation if the facility and the application with respect to that facility do not meet the
requirements of the Final Regulations and this revenue procedure.
(4) C
lose of program year. After the IRS awards all the Capacity Limitation within
each facility category or Category 1 sub-reservation, or the 2024 Program year is
closed, DOE will cease review of any remaining applications. At the end of the 2024
Program year, no further action will be taken on applications submitted but not awarded
an allocation. DOE will publicly announce on the Program Homepage when the 2024
Program year closes.
.
03 Processing Additional Selection Criteria applications.
(1) In general. Fifty percent of the Capacity Limitation in each facility category will
be reserved for qualified solar or wind facilities meeting the Ownership Criteria
described in § 1.48(e)-1(h)(2) and the Geographic Criteria described in § 1.48(e)-
1(h)(3). This reservation will remain beyond the initial 30-day period described in

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section 8.02(2) of this revenue procedure. However, as described in § 1.48(e)-1(h)(1),
the Treasury Department and the IRS may later decide to reallocate reserved capacity
across facility categories and Category 1 sub-reservations in the event one facility
category or Category 1 sub-reservation is oversubscribed and another has excess
capacity. Allocations for facilities meeting one or more of the Additional Selection
Criteria will be made from the 50-percent reserve for such facilities before additional
amounts reserved for a facility category are allocated to facilities meeting these criteria.
If the 50-percent reserve is depleted, however, applications meeting the Additional
Selection Criteria submitted during the initial 30-day period are prioritized with respect to
all available Capacity Limitation in each facility category or Category 1 sub-reservation
as provided in section 8.03(2) of this revenue procedure.
(2) Review of Additional Selection Criteria applications. If a facility category or
Category 1 sub-reservation is oversubscribed at the end of the 30-day period,
applications purporting to meet one or more Additional Selection Criteria are included in
the lottery (described in section 8.02(3) of this revenue procedure) with non-Additional
Selection Criteria applications for that oversubscribed Category or Category 1 sub-
reservation. However, applications purporting to meet one or more Additional Selection
Criteria as a group will be prioritized for an allocation over non-Additional Selection
Criteria applications within the same facility category or Category 1 sub-reservation.
DOE will use lottery scores to determine which qualified facilities are eligible for a
recommendation for an allocation of Capacity Limitation if a facility category or
Category 1 sub-reservation is oversubscribed. If the eligible applications for Capacity
Limitation for facilities that meet at least one of the two Additional Selection Criteria

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exceed the Capacity Limitation for a facility category or Category 1 sub-reservation,
applications purporting to meet both of the Additional Selection Criteria receive a higher
score so that they are prioritized over other applications within each facility category or
Category 1 sub-reservation. If upon DOE review it is determined that an application
does not meet one or both Additional Selection Criteria purported in the application,
then the application’s score may be reduced resulting in a change to the application’s
priority status.
.04 Cure period for application defects.
(1) In general. If the assigned DOE reviewer identifies a defect with a submitted
application, such as missing or incorrect information or documentation, DOE will contact
the applicant via the Portal. The reviewer will request that the applicant submit
additional information or documentation to correct or complete the application via the
Portal.
(2) T
iming for applicant response. An applicant that is contacted by a DOE
reviewer to submit additional information or documentation or provide corrected
information will have 12 business days (12-business day cure period) to respond and
provide such requested information or documentation.
(3) C
onsequences for failure to respond or provide information. If an applicant fails
to respond and provide the requested information or documentation within the 12
business-day cure period, DOE will cease review and mark the application as
withdrawn. The applicant may create and submit a new application for review, at a
later date, if the facility remains eligible and the Program is still accepting applications.
SECTION 9. NOTIFICATION OF ALLOCATION DECISION FROM IRS

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.01 In general. The IRS will send final decision letters through the Portal to inform
applicants of the outcome of the application process. For any applicant that receives an
award of Capacity Limitation, the letter will state the amount of the allocated Capacity
Limitation.
.
02 Allocation amount. The Capacity Limitation allocated to a facility will be
determined based on the nameplate capacity of the facility as stated in the application.
The Capacity Limitation allocation will be provided in direct current. For wind facilities,
alternating current will be treated as equivalent to direct current for purposes of
determining the amount of a Capacity Limitation allocation. The facility that receives the
final allocation of Capacity Limitation in each facility category or Category 1 sub-
reservation may receive an allocation less than its nameplate capacity.
SECTION 10. PLACED IN SERVICE
.01 In general. To satisfy the requirements of § 1.48(e)-1(k), for any facility that
receives an allocation of Capacity Limitation, the owner of the facility must report to
DOE through the Portal the date the facility was placed in service.
.
02 Documentation and attestation requirements. To satisfy the requirements of
§ 1.48(e)-1(k), the owner must provide the following through the Portal:
(1) A Permission to Operate (PTO) letter (or commissioning report for off-grid
facilities) confirming that the facility has been placed in service and the location of the
facility being placed in service;
(2) A Final, Professional Engineer (PE) stamped (if required by applicable state or
local law) as-built design plan, PTO letter with nameplate capacity listed, or other
documentation from an unrelated party verifying as-built nameplate capacity;

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(3) For Category 3 Facilities, a Benefits Sharing Statement as defined in § 1.48(e)-
1(e)(6) demonstrating that the financial benefits requirements will be met based on the
expected annual energy produced by the as-built facility at placed in service;
(4) For Category 4 Facilities, a final list of low-income households served with
name, address, subscription share, and the income verification method used.
Alternatively, if financial benefits are delivered through a utility or government body
where the utility or government body cannot provide a final list of low-income
households served with all relevant details, documentation issued from the participating
utility or government body (for example, a Public Utility Commission, state energy office,
or Tribal government) or the program administrator acting on behalf of the utility or
government body that confirms that the facility is participating in a low-income program
that ensures that at least fifty percent of the facility's total output is assigned to
qualifying low-income households under § 48(e)(2)(C)(i) or (ii) (Qualifying Household).
If documentation is submitted from the participating utility, government body, or program
administrator, the documentation must also include additional information, such as a
copy of the relevant statute or regulatory order, that confirms that the low-income
program in which the facility is participating requires the facility to serve multiple
Qualifying Households; and
(5) For Category 4 Facilities, a spreadsheet demonstrating the expected financial
benefit to low-income subscribers to demonstrate the 20 percent bill credit discount rate.
(6) An attestation confirming that a disqualification event under § 1.48(e)-1(m)(1)
through (5) has not occurred.
(7) An attestation stating that the person submitting the information and

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documentation at placed in service is authorized to legally bind the owner, and that,
under penalties of perjury, they have examined the submission, including any
accompanying documents, and that, to the best of their knowledge and belief, all of the
facts contained therein are true, correct, and complete.
SECTION 11. EFFECT OF ALLOCATION OR OTHER NOTIFICATION
A Capacity Limitation allocation or a notification that a facility has met the eligibility
requirements under the Program at the time the facility is placed in service is not a final
determination that property is eligible for an increased credit under § 48(e). The IRS
may, upon examination, determine that property does not qualify for the increased
credit.
SECTION 12. CLAIMING THE ENERGY PERCENTAGE INCREASE
.01 In general. After the facility is placed in service, and the owner submits the
additional documentation and attestations described in § 1.48(e)-1(k) and section 10 of
this revenue procedure, the owner is notified that it (or the applicable partners or
shareholders in the case of a partnership or an S corporation) may claim the energy
percentage increase on Form 3468, Investment Credit (or successor form) or Form
3800, General Business Credit (or successor form), if eligible, make an elective
payment election under § 6417, or, if eligible, make a transfer election under § 6418.
.
02 Reduction in Increased Energy Percentage. In cases where the facility size is
larger than the allocated capacity when placed in service (but still below 5 MW AC), the
10 percentage or 20 percentage point increase will be reduced by a reduction factor
which is calculated by the amount of Capacity Limitation allocated (kW) divided by the
total nameplate capacity installed (kW) at the time the owner of the facility claims the

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energy percentage increase under § 48(e). See § 48(e)(1)(B).
SECTION 13. SUCCESSOR IN INTEREST
.01 In general. Except as otherwise provided in this section 13, a Capacity Limitation
allocation award applies only to the taxpayer who applied for and received an allocation
award for the facility the taxpayer owns. If a taxpayer wants to request a transfer of an
allocation, it should refer to DOE’s publicly available written procedures to initiate a
transfer request in the Portal. Transfer requests will be reviewed and approved by the
IRS. The IRS intends to provide future guidance regarding unincorporated
organizations that elect to be excluded from the application of subchapter K.
.
02 Additional Selection Criteria. Applicants who received an allocation based on the
Additional Selection Criteria should refer to § 1.48(e)-1(m)(5) regarding potential
disqualification if the original applicant does not retain the requisite interest described in
§ 1.48(e)-1(m)(5) in an entity treated as a partnership for federal income tax purposes
that owns the facility.
SECTION 14. EFFECT ON OTHER DOCUMENTS
Solely with respect to the 2024 Program year, this revenue procedure supersedes
Rev. Proc. 2023-27.
SECTION 15. APPLICABILITY DATES
This revenue procedure applies to the 2024 Program year.
SECTION 16. PAPERWORK REDUCTION ACT
This revenue procedure is not creating a new collection of information as described
by the Paperwork Reduction Act (44 U.S.C. 3507(d)). The collections of information
contained within this revenue procedure, and their associated burdens, have been

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submitted to the Office of Management and Budget as part of TD 9979 and was
approved under OMB Control Number 1545-2308.
SECTION 17. DRAFTING INFORMATION
The principal author of this revenue procedure is the Office of Associate Chief
Counsel (Passthroughs & Special Industries). However, other personnel from the
Treasury Department and the IRS participated in its development. For further
information regarding this revenue procedure, call the energy security guidance contact
number at (202) 317-5254 (not a toll-free call).