FEDERAL: Tax Extenders to be Taken Up by Both Chambers

Posted by Tom Carlson on Mar 26, 2014 11:24:00 AM

advanced_energy_federal_updateKey tax committees in the Senate and House of Representatives are expected to take up “tax extenders” in the coming weeks. Extension of tax credit provisions that expired at the end of 2013 remains critical to the stability and growth of the domestic advanced energy industry.


According to Lindsey Held, senior communications advisor for the Senate Finance, the committee could take up an extenders package as early as next week. Bloomberg reports that new Finance Committee Chairman Ron Wyden (D-OR) is seeking a bipartisan bill and Ranking Member Orin Hatch (R-UT) would like to see some provisions cut.


On the other side of Capitol Hill, House Ways and Means Chairman Dave Camp (R-MI) announced that his committee would hold hearings on extenders in April and consider whether to make some provisions permanent. In a letter to committee members, Camp cited the research and experimentation credit as one provision that he proposed making permanent in his recent discussion draft. That draft also proposed eliminating advanced energy tax credits, which would have a halting effect on the U.S. advanced energy industry.


In January, 60 advanced energy business leaders sent a letter to Congress urging a multi-year extension of expired advanced energy tax credits. Extending the tax credits through 2016, for example, would provide short-term stability for businesses and provide Congress ample time to work on and phase in a new energy tax paradigm. In line with this approach, replacing the investment tax credit (ITC) placed-in-service deadline with a “commence construction” standard would allow industries to make full and effective use of the ITC through its current expiration in 2016.


Advanced energy tax credits continue to garner support from both sides of the aisle. Bipartisan letters led by Senators Mark Udall (D-CO) and Chuck Grassley (R-IA) and Representatives Steve King (R-IA) and Dave Loebsack (D-IA) were released last week in support of extending the production tax credit (PTC), along with the option for projects to claim the ITC in its place. Additionally, Senators Michael Bennet (D-CO) and Dean Heller (R-NV) and Representatives Paul Cook (R-CA-8) and Mike Thompson (D-CA-5) are sponsoring separate bills to replace the 2016 ITC placed-in-service qualification with commenced construction.


The following tax credits support American leadership in advanced generation systems, smart grid technology, energy efficiency improvements, advanced transportation infrastructure, and advanced fuels:


  • Renewable Electricity Production Tax Credit (PTC; Section 45) with option to claim the Business Energy Investment Tax Credit (ITC; 48) instead
  • Replace the ITC (Section 48) placed-in-service qualifying deadline with a commence construction standard
  • Bonus Depreciation (168)


  • Energy-Efficient Commercial Building Deduction (179D)
  • Residential Energy Efficiency Credit (25C)
  • Energy-Efficient New Homes Credit (45L)
  • Energy-Efficient Appliance Manufacturing Credit (45M)


  • Alternative Fuel Vehicle Refueling Property Credit (30C)
  • Alternative Fuel and Fuel Mixtures Credit (6426)
  • Biodiesel and Renewable Diesel Credit (40A)
  • Second Generation (Cellulosic) Biofuel Producer Credit (40)
  • Special Depreciation Allowance for Second Generation Biofuel Plant Credit (168)

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Topics: Federal Policy Update