Facilities and storage built with barred foreign help do not qualify
What the document says“The terms `qualified facility' and `qualified interconnection property' shall not include any facility or property the construction, reconstruction, or erection of which begins after December 31, 2025, if the construction, reconstruction, or erection of such facility or property includes any material assistance from a prohibited foreign entity (as defined in section 7701(a)(52)).”
The section adds a new paragraph (6) to section 48E(b) of the Internal Revenue Code of 1986 taking out of the terms qualified facility and qualified interconnection property anything whose construction, reconstruction or erection begins after December 31, 2025 that involves material assistance from a prohibited foreign entity, and adds a matching paragraph (3) to section 48E(c) for energy storage technology.
What the document actually says“The terms `qualified facility' and `qualified interconnection property' shall not include any facility or property the construction, reconstruction, or erection of which begins after December 31, 2025, if the construction, reconstruction, or erection of such facility or property includes any material assistance from a prohibited foreign entity (as defined in section 7701(a)(52)).”
A plant or link does not count if two things hold. Work on it starts after December 31, 2025. It drew help from a barred foreign body.
The same bar covers storage gear. The help must be of a kind the law calls material. That is measured by a cost ratio.
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