qualified facility

(1) In general (A) Definition Subject to subparagraphs (B), (C), and (D), the term “qualified facility” means a facility owned by the taxpayer— (i) which is used for the generation of electricity, (ii) which is placed in service after December 31, 2024 , and (iii) for which the greenhouse gas emissions rate (as determined under paragraph (2)) is not greater than zero. (B) 10-year production credit For purposes of this section, a facility shall only be treated as a qualified facility during the 10-year period beginning on the date the facility was originally placed in service. (C) Expansion of facility; incremental production The term “qualified facility” shall include either of the following in connection with a facility described in subparagraph (A) (without regard to clause (ii) of such subparagraph) which was placed in service before January 1, 2025 , but only to the extent of the increased amount of electricity produced at the facility by reason of the following: (i) A new unit which is placed in service after December 31, 2024 . (ii) Any additions of capacity which are placed in service after December 31, 2024 . (D) Coordination with other credits The term “qualified facility” shall not include any facility for which a credit determined under section 45 , 45J , 45Q , 45U , 48 , 48A , or 48E is allowed under section 38 for the taxable year or any prior taxable year.


26 USC § 45Y(b)(1)

Scoping language

For purposes of this section
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