26 U.S.C. § 45X — Advanced manufacturing production credit
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- (a)In general
- (1)Allowance of creditFor purposes of section 38, the advanced manufacturing production credit for any taxable year is an amount equal to the sum of the credit amounts determined under subsection (b) with respect to each eligible component which is—
- (2)Production and sale must be in trade or businessAny eligible component produced and sold by the taxpayer shall be taken into account only if the production and sale described in paragraph (1) is in a trade or business of the taxpayer.
- (3)Unrelated person
- (A)In generalFor purposes of this subsection, a taxpayer shall be treated as selling components to an unrelated person if such component is sold to such person by a person related to the taxpayer.
- (B)Election
- (i)In generalAt the election of the taxpayer (in such form and manner as the Secretary may prescribe), a sale of components by such taxpayer to a related person shall be deemed to have been made to an unrelated person.
- (ii)RequirementAs a condition of, and prior to, any election described in clause (i), the Secretary may require such information or registration as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper or excessive amount determined under paragraph (1).
- (b)Credit amount
- (1)In generalSubject to paragraph (3), the amount determined under this subsection with respect to any eligible component, including any eligible component it incorporates, shall be equal to—
- (A)in the case of a thin film photovoltaic cell or a crystalline photovoltaic cell, an amount equal to the product of—
- (B)in the case of a photovoltaic wafer, $12 per square meter,
- (C)in the case of solar grade polysilicon, $3 per kilogram,
- (D)in the case of a polymeric backsheet, 40 cents per square meter,
- (E)in the case of a solar module, an amount equal to the product of—
- (F)in the case of a wind energy component—
- (G)in the case of a torque tube, 87 cents per kilogram,
- (H)in the case of a structural fastener, $2.28 per kilogram,
- (I)in the case of an inverter, an amount equal to the product of—
- (J)in the case of electrode active materials, an amount equal to 10 percent of the costs incurred by the taxpayer with respect to production of such materials,
- (K)in the case of a battery cell, an amount equal to the product of—
- (L)in the case of a battery module, an amount equal to the product of—
- (M)in the case of any applicable critical mineral, an amount equal to 10 percent (2.5 percent in the case of metallurgical coal) of the costs incurred by the taxpayer with respect to production of such mineral.
- (2)Applicable amounts
- (3)Phase out and termination
- (A)In generalSubject to subparagraphs (C) and (D), in the case of any eligible component sold after December 31, 2029, the amount determined under this subsection with respect to such component shall be equal to the product of—
- (B)Phase out percentageThe phase out percentage under this subparagraph is equal to—
- (i)in the case of an eligible component sold during calendar year 2030, 75 percent,
- (ii)in the case of an eligible component sold during calendar year 2031, 50 percent,
- (iii)in the case of an eligible component sold during calendar year 2032, 25 percent,
- (iv)in the case of an eligible component sold after December 31, 2032, 0 percent.
- (C)Phase out for applicable critical minerals other than metallurgical coal
- (i)In generalIn the case of any applicable critical mineral (other than metallurgical coal) produced after December 31, 2030, the amount determined under this subsection with respect to such mineral shall be equal to the product of—
- (ii)Phase out percentage for applicable critical minerals other than metallurgical coalThe phase out percentage under this clause is equal to—
- (I)in the case of any applicable critical mineral produced during calendar year 2031, 75 percent,
- (II)in the case of any applicable critical mineral produced during calendar year 2032, 50 percent,
- (III)in the case of any applicable critical mineral produced during calendar year 2033, 25 percent, and
- (IV)in the case of any applicable critical mineral produced after December 31, 2033, 0 percent.
- (D)Termination for wind energy componentsThis section shall not apply to any wind energy component produced and sold after December 31, 2027.
- (E)Termination for metallurgical coalThis section shall not apply to any metallurgical coal produced after December 31, 2029.
- (4)Limitation on capacity of battery cells and battery modules
- (A)In generalFor purposes of subparagraph (K)(ii) or (L)(ii) of paragraph (1), the capacity determined under either subparagraph with respect to a battery cell or battery module shall not exceed a capacity-to-power ratio of 100:1.
- (B)Capacity-to-power ratioFor purposes of this paragraph, the term “capacity-to-power ratio” means, with respect to a battery cell or battery module, the ratio of the capacity of such cell or module to the maximum discharge amount of such cell or module.
- (1)In generalSubject to paragraph (3), the amount determined under this subsection with respect to any eligible component, including any eligible component it incorporates, shall be equal to—
- (c)DefinitionsFor purposes of this section—
- (1)Eligible component
- (A)In generalThe term “eligible component” means—
- (B)Application with other creditsThe term “eligible component” shall not include any property which is produced at a facility if the basis of any property which is part of such facility is taken into account for purposes of the credit allowed under section 48C after the date of the enactment of this section.
- (C)Material assistance from prohibited foreign entitiesIn the case of taxable years beginning after the date of enactment of this subparagraph, the term “eligible component” shall not include any property which includes any material assistance from a prohibited foreign entity (as defined in section 7701(a)(52), as applied by substituting “used in a product sold before January 1, 2027” for “used in a product sold before January 1, 2030” in subparagraph (D)(iv)(II)(bb) thereof).
- (2)Inverters
- (A)In generalThe term “inverter” means an end product which is suitable to convert direct current electricity from 1 or more solar modules or certified distributed wind energy systems into alternating current electricity.
- (B)Central inverterThe term “central inverter” means an inverter which is suitable for large utility-scale systems and has a capacity which is greater than 1,000 kilowatts (expressed on a per alternating current watt basis).
- (C)Commercial inverterThe term “commercial inverter” means an inverter which—
- (D)Distributed wind inverter
- (i)In generalThe term “distributed wind inverter” means an inverter which—
- (ii)Certified distributed wind energy systemThe term “certified distributed wind energy system” means a wind energy system which is certified by an accredited certification agency to meet Standard 9.1-2009 of the American Wind Energy Association (including any subsequent revisions to or modifications of such Standard which have been approved by the American National Standards Institute).
- (E)MicroinverterThe term “microinverter” means an inverter which—
- (F)Residential inverterThe term “residential inverter” means an inverter which—
- (G)Utility inverterThe term “utility inverter” means an inverter which—
- (i)is suitable for commercial or utility-scale systems,
- (ii)has a rated output of not less than 600 volt three-phase power, and
- (iii)has a capacity which is greater than 125 kilowatts and not greater than 1000 kilowatts (expressed on a per alternating current watt basis) 1 So in original. Probably should be followed by a period.
- (3)Solar energy component
- (A)In generalThe term “solar energy component” means any of the following:
- (B)Associated definitions
- (i)Photovoltaic cellThe term “photovoltaic cell” means the smallest semiconductor element of a solar module which performs the immediate conversion of light into electricity.
- (ii)Photovoltaic waferThe term “photovoltaic wafer” means a thin slice, sheet, or layer of semiconductor material of at least 240 square centimeters—
- (iii)Polymeric backsheetThe term “polymeric backsheet” means a sheet on the back of a solar module which acts as an electric insulator and protects the inner components of such module from the surrounding environment.
- (iv)Solar grade polysiliconThe term “solar grade polysilicon” means silicon which is—
- (v)Solar moduleThe term “solar module” means the connection and lamination of photovoltaic cells into an environmentally protected final assembly which is—
- (vi)Solar trackerThe term “solar tracker” means a mechanical system that moves solar modules according to the position of the sun and to increase energy output.
- (vii)Solar tracker components
- (I)Torque tubeThe term “torque tube” means a structural steel support element (including longitudinal purlins) which—
- (aa)is part of a solar tracker,
- (bb)is of any cross-sectional shape,
- (cc)may be assembled from individually manufactured segments,
- (dd)spans longitudinally between foundation posts,
- (ee)supports solar panels and is connected to a mounting attachment for solar panels (with or without separate module interface rails), and
- (ff)is rotated by means of a drive system.
- (II)Structural fastenerThe term “structural fastener” means a component which is used—
- (I)Torque tubeThe term “torque tube” means a structural steel support element (including longitudinal purlins) which—
- (4)Wind energy component
- (A)In generalThe term “wind energy component” means any of the following:
- (B)Associated definitions
- (i)BladeThe term “blade” means an airfoil-shaped blade which is responsible for converting wind energy to low-speed rotational energy.
- (ii)Offshore wind foundationThe term “offshore wind foundation” means the component (including transition piece) which secures an offshore wind tower and any above-water turbine components to the seafloor using—
- (iii)NacelleThe term “nacelle” means the assembly of the drivetrain and other tower-top components of a wind turbine (with the exception of the blades and the hub) within their cover housing.
- (iv)Related offshore wind vesselThe term “related offshore wind vessel” means any vessel which is purpose-built or retrofitted for purposes of the development, transport, installation, operation, or maintenance of offshore wind energy components.
- (v)TowerThe term “tower” means a tubular or lattice structure which supports the nacelle and rotor of a wind turbine.
- (5)Qualifying battery component
- (A)In generalThe term “qualifying battery component” means any of the following:
- (B)Associated definitions
- (i)Electrode active materialThe term “electrode active material” means cathode materials, anode materials, anode foils, and electrochemically active materials, including solvents, additives, and electrolyte salts that contribute to the electrochemical processes necessary for energy storage.
- (ii)Battery cellThe term “battery cell” means an electrochemical cell—
- (iii)Battery moduleThe term “battery module” means a module—
- (I)
- (II)with an aggregate capacity of not less than 7 kilowatt-hours (or, in the case of a module for a hydrogen fuel cell vehicle, not less than 1 kilowatt-hour), and
- (III)which is comprised of all other essential equipment needed for battery functionality, such as current collector assemblies and voltage sense harnesses, or any other essential energy collection equipment.
- (6)Applicable critical mineralsThe term “applicable critical mineral” means any of the following:
- (A)AluminumAluminum which is—
- (B)AntimonyAntimony which is—
- (C)BariteBarite which is barium sulfate purified to a minimum purity of 80 percent barite by mass.
- (D)BerylliumBeryllium which is—
- (E)CeriumCerium which is—
- (F)CesiumCesium which is—
- (G)ChromiumChromium which is—
- (H)CobaltCobalt which is—
- (I)DysprosiumDysprosium which is—
- (J)EuropiumEuropium which is—
- (K)FluorsparFluorspar which is—
- (L)GadoliniumGadolinium which is—
- (M)GermaniumGermanium which is—
- (N)GraphiteGraphite which is purified to a minimum purity of 99.9 percent graphitic carbon by mass.
- (O)IndiumIndium which is—
- (P)LithiumLithium which is—
- (Q)ManganeseManganese which is—
- (R)Metallurgical coalMetallurgical coal which is suitable for use in the production of steel (within the meaning of the notice published by the Department of Energy entitled “Critical Material List; Addition of Metallurgical Coal Used for Steelmaking” (90 Fed. Reg. 22711 (May 29, 2025))), regardless of whether such production occurs inside or outside of the United States.
- (S)NeodymiumNeodymium which is—
- (i)converted to neodymium-praseodymium oxide which is purified to a minimum purity of 99 percent neodymium-praseodymium oxide by mass,
- (ii)converted to neodymium oxide which is purified to a minimum purity of 99.5 percent neodymium oxide by mass 2 So in original. Probably should be followed by “, or”.
- (iii)purified to a minimum purity of 99.9 percent neodymium by mass.
- (T)NickelNickel which is—
- (U)NiobiumNiobium which is—
- (V)TelluriumTellurium which is—
- (W)TinTin which is purified to low alpha emitting tin which—
- (X)TungstenTungsten which is converted to ammonium paratungstate or ferrotungsten.
- (Y)VanadiumVanadium which is converted to ferrovanadium or vanadium pentoxide.
- (Z)YttriumYttrium which is—
- (AA)Other mineralsAny of the following minerals, provided that such mineral is purified to a minimum purity of 99 percent by mass:
- (i)Arsenic.
- (ii)Bismuth.
- (iii)Erbium.
- (iv)Gallium.
- (v)Hafnium.
- (vi)Holmium.
- (vii)Iridium.
- (viii)Lanthanum.
- (ix)Lutetium.
- (x)Magnesium.
- (xi)Palladium.
- (xii)Platinum.
- (xiii)Praseodymium.
- (xiv)Rhodium.
- (xv)Rubidium.
- (xvi)Ruthenium.
- (xvii)Samarium.
- (xviii)Scandium.
- (xix)Tantalum.
- (xx)Terbium.
- (xxi)Thulium.
- (xxii)Titanium.
- (xxiii)Ytterbium.
- (xxiv)Zinc.
- (xxv)Zirconium.
- (1)Eligible component
- (d)Special rulesIn this section—
- (1)Related personsPersons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b).
- (2)Only production in the United States taken into accountSales shall be taken into account under this section only with respect to eligible components the production of which is within—
- (3)Pass-thru in the case of estates and trustsUnder regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (4) 3 So in original. There are two pars. (4). Sale of integrated components.—For purposes of this section, a person shall be treated as having sold an eligible component to an unrelated person if such component is integrated, incorporated, or assembled into another eligible component which is sold to an unrelated person.
- (4)3 Restrictions relating to prohibited foreign entities
- (A)In generalNo credit shall be determined under subsection (a) for any taxable year if the taxpayer is—
- (B)Effective controlIn the case of a taxpayer for which section 7701(a)(51)(D)(i)(II) is determined to apply for any taxable year, no credit shall be determined under subsection (a) for such taxable year if such determination relates to an eligible component described in subsection (c)(1).