The IRS has issued guidance on when construction must begin for certain facilities to qualify for the renewable electricity production tax credit under IRC Sec. 45 or the energy investment tax credit under IRC Sec. 48. The guidance updates prior IRS notices to reflect changes made by the Protecting Americans from Tax Hikes Act of 2015 (PATH). In general, construction on wind facilities must begin before 1/1/20 to qualify for the tax credit, which will be phased out over four years. In addition, taxpayers will satisfy a safe harbor if they place a facility in service within four years of the construction date. The IRS will not issue any private letter rulings with respect to this guidance. Notice 2016-31, 2016-21 IRB .
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