Production Tax Credit (PTC) | Practical Law

Production Tax Credit (PTC) | Practical Law

Production Tax Credit (PTC)

Production Tax Credit (PTC)

Practical Law Glossary Item 0-517-5382 (Approx. 4 pages)

Glossary

Production Tax Credit (PTC)

Originally created under the Energy Policy Act of 1992, the PTC is a ten-year, inflation adjusted US federal income tax credit for each kilowatt hour (kWh) of electricity generated by certain types of renewable or zero carbon emission projects, provided certain conditions are met. The PTC has been revised multiple times since 1992, most recently in August 2022 under the Inflation Reduction Act (P.L. 117-169, 136 Stat. 1818 (2022) which made several changes to the PTC available under the Internal Revenue Code (I.R.C. or Code).
As revised, a PTC is available for:
  • Wind facilities, closed- and open-loop biomass facilities, landfill gas facilities, trash facilities, and qualifying hydropower, marine, and hydrokinetic facilities that begin construction before January 1, 2025 (I.R.C. § 45). These and other zero emission projects that start construction on or after January 1, 2025 qualify for a technology neutral PTC under Section 45Y of the Code.
  • Zero emission nuclear power produced and sold after December 31, 2023. This credit expires on December 31, 2032 (I.R.C. § 45U).
  • Clean hydrogen projects for the first 10 years after the facility is placed in service (I.R.C. § 45V).
  • The manufacture of solar, wind energy, and battery components (I.R.C. § 45X).
The total PTC available to certain eligible projects may be higher than the base amount if the project meets certain conditions. For example, in the case of the PTC available under Section 45 of the Code, the credit may be increased from a base rate of 0.5 cents per kWh to 2.5 cents if the project meets certain wage and apprenticeship requirements. The credit can be further increased if the project:
  • Meets domestic content requirements for certain steel, iron, and manufactured products.
  • Is located in:
    • an energy community including areas with closed coal mines or coal-fired power plants; or
    • a low-income community.
For more information on the PTC and renewable energy generally, see Practice Notes: