IRS Unveils Start Of Construction Rules For Carbon Capture Projects

The IRS released important guidance for developers of carbon capture projects that qualify for carbon sequestration tax credits under section 45Q of the Internal Revenue Code on February 19, 2020, saying that such projects will be considered to have begun construction for purposes of qualifying for the credit if their owner commences “physical work of a significant nature,” or pays or incurs (according to its method of accounting) at least 5% of the total cost of the project. The new rules are largely consistent with existing guidance for renewables projects that has been refined over a series of IRS notices dating back to 2013. The guidance is in Notice 2020-12, and is effective for transactions entered into after March 8, 2020.