Determine current Section 48E commercial solar ITC eligibility, FEOC sourcing requirements, and placed-in-service deadline for a project post-OBBBA

Steps

1. Establish the project's 'begin construction' date under IRS Notice 2025-42 guidance for Sections 45Y/48E — this date drives which deadline track applies
2. If construction begins before July 4, 2026: the 30% Section 48E ITC is preserved with a placed-in-service deadline of December 31, 2030
3. If construction has not begun by July 4, 2026: the project can still qualify for 48E only if fully placed in service by December 31, 2027
4. For any project beginning construction on or after January 1, 2026, confirm compliance with Foreign Entity of Concern (FEOC) Material Assistance Cost Ratio rules — at least 40% of relevant equipment costs must come from non-FEOC sources in 2026, rising 5 percentage points annually
5. Projects that began construction before December 31, 2025 are exempt from FEOC restrictions entirely — document the begin-construction evidence carefully since it changes the compliance path
6. Route any final eligibility determination through the client's tax/project-finance counsel — this is a fact-specific tax determination, not something to certify as an installer