n-23-38.pdf

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Part III – Administrative, Procedural, and Miscellaneous

Domestic Content Bonus Credit Guidance under Sections 45, 45Y, 48, and 48E

Notice 2023-38

SECTION 1. PURPOSE
The Department of the Treasury (Treasury Department) and the Internal
Revenue Service (IRS) intend to propose regulations (forthcoming proposed
regulations) addressing the application of the rules that taxpayers must satisfy to qualify
for the domestic content bonus credit amounts under §§ 45, 45Y, 48, and 48E of the
Internal Revenue Code (Code).
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Public Law 117-169, 136 Stat. 1818 (August 16,
2022), commonly known as the Inflation Reduction Act of 2022 (IRA), amends §§ 45
and 48 to provide a domestic content bonus credit amount for certain qualified facilities
or energy projects placed in service after December 31, 2022, and adds new §§ 45Y
and 48E, which include a domestic content bonus credit amount for certain investments
in qualified facilities or energy storage technologies placed in service after December

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Unless otherwise specified, all “section” or “§” references are to sections of the Code or the Income Tax
Regulations (26 CFR part 1).

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31, 2024.
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This notice describes certain rules that the Treasury Department and the
IRS intend to include in the forthcoming proposed regulations regarding the domestic
content bonus credit requirements and related recordkeeping and certification
requirements. This notice also describes a safe harbor regarding the classification of
certain components in representative types of qualified facilities, energy projects, or
energy storage technologies. The Treasury Department and the IRS intend to propose
that the forthcoming proposed regulations will apply to taxable years ending after May
12, 2023. Taxpayers may rely on the rules described in sections 3 through 6 of this
notice for the domestic content bonus credit requirements for any qualified facility,
energy project, or energy storage technology the construction of which begins before
the date that is 90 days after the date of publication of the forthcoming proposed
regulations in the Federal Register.
SECTION 2. BACKGROUND
.01 Domestic Content Bonus Credit Amounts. For purposes of this notice, an
“Applicable Project” refers to: (i) a qualified facility under §§ 45 or 45Y; (ii) an energy
project under § 48, which may include qualified property for which a valid irrevocable
election under § 48(a)(5) has been made to treat such qualified property as energy
property under § 48; or (iii) a qualified investment with respect to a qualified facility or
energy storage technology under § 48E.
Domestic content bonus credit amounts are available under §§ 45(b)(9),
45Y(g)(11), 48(a)(12), and 48E(a)(3)(B) to increase the amount of a credit determined

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See § 13101(g) of the IRA for the domestic content bonus credit under § 45(b)(9), § 13701(a) of the IRA
for the domestic content bonus credit under § 45Y(g)(11), § 13102(l) of the IRA for the domestic content
bonus credit under § 48(a)(12), and § 13702(a) of the IRA for the domestic content bonus credit under
§ 48E(a)(3)(B).

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under § 45 (§ 45 credit), § 45Y (§ 45Y credit), § 48 (§ 48 credit), and § 48E (§ 48E
credit), respectively, for a taxpayer whose Applicable Project satisfies the domestic
content requirement set forth in § 45(b)(9)(B)(i) (incorporated by cross-reference in
§ 48(a)(12), which is incorporated by cross-reference in § 48E(a)(3)(B)) and in
§ 45Y(g)(11)(B)(i) (Domestic Content Requirement). A taxpayer establishes that the
Domestic Content Requirement is satisfied with respect to an Applicable Project by
certifying to the Secretary of the Treasury or her delegate (Secretary) (at such time, and
in such form and manner, as the Secretary may prescribe) that “any steel, iron, or
manufactured product which is a component of [the Applicable Project] (upon
completion of construction) was produced in the United States (as determined under
section [sic] 661 of title 49, Code of Federal Regulations).” See §§ 45(b)(9)(B)(i) and
45Y(g)(11)(B)(i). Sections 661.1 through 661.21 of title 49 of the Code of Federal
Regulations, which are known as the Buy America Requirements, that are administered
by the Federal Transit Administration (FTA), Department of Transportation.
Section 45(b)(9)(A) provides that in the case of any § 45 qualified facility, the
amount of the § 45 credit (determined after application of § 45(b)(1) through (8)) is
increased by 10 percent (not 10 percentage points) if the Domestic Content
Requirement is satisfied. Similarly, for any § 45Y qualified facility placed in service after
December 31, 2024, § 45Y(g)(11)(A) provides that the amount of the § 45Y credit
(determined without application of § 45(g)(7)) is increased by 10 percent (not 10
percentage points) if the Domestic Content Requirement is satisfied.
Section 48(a)(12)(C) provides a domestic content bonus credit amount for a § 48
energy project by increasing the “energy percentage” provided in § 48(a)(2), which is

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used to determine the amount of the § 48 credit, by 10 percentage points if (1) the
Domestic Content Requirement is satisfied and (2) any one of the following
requirements is satisfied (and by 2 percentage points if the Domestic Content
Requirement is satisfied and none of the following requirements are satisfied): (i) the
energy project has a maximum net output of less than 1 megawatt of electrical (as
measured in alternating current) or thermal energy; (ii) construction of the energy
project began before January 29, 2023;
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or (iii) the energy project satisfies the
prevailing wage and apprenticeship requirements in §§ 48(a)(10)(A) and (11).
If the Domestic Content Requirement is satisfied for any § 48E qualified
investment with respect to a qualified facility or energy storage technology placed in
service after December 31, 2024, § 48E(a)(3)(B) provides that rules similar to the rules
of § 48(a)(12) apply for determining whether the domestic content bonus credit amount
increases the “applicable percentage” provided in § 48E(a)(2) by 10 percentage points
or 2 percentage points.
Sections 45(b)(12) and 48(a)(16) authorize the Secretary to issue such
regulations or other guidance as the Secretary determines necessary to carry out the
purposes of §§ 45(b) and 48(a) (and therefore the domestic content bonus credit rules
in §§ 45(b)(9), 48(a)(12), and 48E(a)(3)(B) (by cross-reference to § 48(a)(12)), including
regulations or other guidance that provide requirements for recordkeeping or
information reporting for purposes of administering the requirements of §§ 45(b) and
48(a). Similarly, § 45Y(f) authorizes the Secretary to issue guidance regarding the

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January 29, 2023 is the date 60 days after the November 30, 2022, publication date of Notice 2022-61,
2022-52 I.R.B. 560 (87 F.R. 73580 as corrected in 87 F.R. 75141), which provides initial guidance
regarding the prevailing wage and apprenticeship requirements in § 48(a)(10)(A) and (11) and other
sections of the Code.

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implementation of § 45Y (and therefore § 45Y(g)(11)), including the determination of the
amount of § 45Y credits.
.02 Steel, Iron, or Manufactured Products. In general, the Domestic Content
Requirement applies to any steel, iron, or Manufactured Product (as defined in section
3.01(2)(c) of this notice) that is a component of an Applicable Project. Sections
45(b)(9)(B)(ii) and 45Y(g)(11)(B)(ii) provide that the Domestic Content Requirement for
steel or iron applies in a manner consistent with section 661.5 of title 49, Code of
Federal Regulations.
Sections 45(b)(9)(B)(iii) and 45Y(g)(11)(B)(iii) provide that “manufactured
products which are components of a qualified facility upon completion of construction
shall be deemed to have been produced in the United States if not less than the
adjusted percentage . . . of the total costs of all such manufactured products of such
facility are attributable to manufactured products (including components) which are
mined, produced, or manufactured in the United States” (Adjusted Percentage Rule).
Section 45(b)(9)(C) provides that, for purposes of § 45(b)(9)(B)(iii), the adjusted
percentage is 40 percent, or 20 percent in the case of a qualified facility that is an
offshore wind facility. Under § 45Y(g)(11)(C) the adjusted percentage increases from
40 percent for qualified facilities the construction of which begins before 2025 to 55
percent for qualified facilities the construction of which begins after 2026, and from 20
percent for a qualified facility that is an offshore wind facility the construction of which
begins before 2025 to 55 percent in the case of a qualified facility that is an offshore
wind facility the construction of which begins after 2027.
As provided in section 2.01 of this notice, § 48(a)(12)(B) provides that rules

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similar to the rules of § 45(b)(9)(B) apply for purposes of determining the domestic
content bonus credit amount under § 48. Similarly, § 48E(a)(3)(B) provides that rules
similar to the rules of § 48(a)(12) apply for purposes of determining the domestic
content bonus credit amount under § 48E.
SECTION 3. GUIDANCE WITH RESPECT TO THE DOMESTIC CONTENT
REQUIREMENT

.01 Domestic Content Requirement.
(1) In general. An Applicable Project is eligible for a domestic content bonus credit
amount if the Applicable Project satisfies the Domestic Content Requirement and the
taxpayer timely submits to the IRS the certification described in section 5 of this notice.
An Applicable Project satisfies the Domestic Content Requirement if the Steel or Iron
Requirement described in section 3.02 of this notice and the Manufactured Products
Requirement described in section 3.03 of this notice are satisfied.
(2) Definitions. The following definitions apply for purposes of the Domestic
Content Requirement.
(a) Applicable Project Component. “Applicable Project Component” means any
article, material, or supply, whether manufactured or unmanufactured, that is directly
incorporated into an Applicable Project. An Applicable Project Component may qualify
as steel, iron, or a Manufactured Product.
(b) Manufactured. “Manufactured” means produced as a result of the
manufacturing process.
(c) Manufactured Product. “Manufactured Product” means an item produced as
a result of the manufacturing process.
(d) Manufactured Product Component. “Manufactured Product Component”

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means any article, material, or supply, whether manufactured or unmanufactured, that is
directly incorporated into an Applicable Project Component that is a Manufactured
Product.
(e) Manufacturing Process. “Manufacturing process” means the application of
processes to alter the form or function of materials or of elements of a product in a
manner adding value and transforming those materials or elements so that they
represent a new item functionally different from that which would result from mere
assembly of the elements or materials.
(f) Mined. “Mined” means derived from the extraction of ores or minerals from
the ground or from the waste or residue of prior mining.
(g) Produced. “Produced,” with respect to a Manufactured Product Component,
has the same meaning as the term “manufactured” as defined in section 3.01(2)(b) of
this notice.
(h) United States. “United States” means the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the U.S. Virgin
Isl ands, and the Commonwealth of the Northern Mariana Islands.
.02 Steel or Iron Requirement.
The Domestic Content Requirement with respect to steel or iron (Steel or Iron
Requirement) applies in a manner consistent with 49 CFR § 661.5(b) and (c). See
§§ 45(b)(9)(B)(ii) and 45Y(g)(11)(B)(ii). The Steel or Iron Requirement is met if,
consistent with 49 CFR § 661.5(b) and (c), all manufacturing processes with respect to
any steel or iron items that are Applicable Project Components take place in the United
States, except metallurgical processes involving refinement of steel additives. The

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Steel or Iron Requirement applies to Applicable Project Components that are
construction materials made primarily of steel or iron and are structural in function. The
Steel or Iron Requirement does not apply to steel or iron used in Manufactured Product
Components or subcomponents of Manufactured Product Components. For example,
items such as nuts, bolts, screws, washers, cabinets, covers, shelves, clamps, fittings,
sleeves, adapters, tie wire, spacers, door hinges, and similar items that are made
primarily of steel or iron but are not structural in function are not subject to the Steel or
Iron Requirement.
.03 Manufactured Products Requirement.
(1) In General. The Domestic Content Requirement with respect to Manufactured
Products (Manufactured Products Requirement) applies in a manner consistent with 49
CFR § 661.5(d). See §§ 45(b)(9)(B)(i) and 45Y(g)(11)(B)(i). The Manufactured
Products Requirement is met if all Applicable Project Components that are
Manufactured Products are produced in the United States or are deemed to be
produced in the United States. All Applicable Project Components that are
Manufactured Products are deemed to be produced in the United States if the Adjusted
Percentage Rule described in section 3.03(2) of this notice is satisfied.
A Manufactured Product is considered to be produced in the United States (U.S.
Manufactured Product) if: (1) all of the manufacturing processes for the Manufactured
Product take place in the United States; and (2) all of the Manufactured Product
Components of the Manufactured Product are of U.S. origin. A Manufactured Product
Component is considered to be of U.S. origin if it is manufactured in the United States,
regardless of the origin of its subcomponents. See 49 CFR § 661.5(d). This notice

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refers to a Manufactured Product that is not a U.S. Manufactured Product as a “Non-
U.S. Manufactured Product.”
(2) Adjusted Percentage Rule
(a) In general. For purposes of the Adjusted Percentage Rule, the percentage
produced by dividing the Domestic Manufactured Products and Components Cost (as
described in section 3.03(2)(b) of this notice) by the Total Manufactured Products Cost
(as described in section 3.03(2)(c) of this notice) is the “Domestic Cost Percentage”
calculated for an Applicable Project. If the Domestic Cost Percentage for an Applicable
Project equals or exceeds the adjusted percentage that applies to the Applicable
Project, then the Applicable Project satisfies the Adjusted Percentage Rule.
(b) Domestic Manufactured Products and Components Cost. The Domestic
Manufactured Products and Components Cost is the sum of the costs of an Applicable
Project’s (1) U.S. Manufactured Products that are Applicable Project Components and
(2) Manufactured Product Components of Non-U.S. Manufactured Products that are
Applicable Project Components if the Manufactured Product Components are mined,
produced, or manufactured in the United States (U.S. Component). Consistent with 49
CFR § 661.5(d), a Manufactured Product Component that is manufactured is a U.S.
Component if it is manufactured or produced in the United States, regardless of the
origin of its subcomponents. A Manufactured Product Component that is not
manufactured is a U.S. Component if it is mined in the United States.
For purposes of determining the Domestic Manufactured Products and
Components Cost for an Applicable Project, the cost of a U.S. Manufactured Product or
U.S. Component includes only direct costs as defined in § 1.263A-1(e)(2)(i), that is,

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direct materials and direct labor costs, that are paid or incurred within the meaning of
§ 461 by the U.S. Manufactured Product’s manufacturer to produce the U.S.
Manufactured Product or by the Non-U.S. Manufactured Product’s manufacturer to
produce or acquire the U.S. Component. The Domestic Manufactured Products and
Components Cost does not include the direct materials or direct labor costs that are
paid or incurred within the meaning of § 461 by the Non-U.S. Manufactured Product’s
manufacturer to produce the Non-U.S. Manufactured Product. Direct costs, including
direct labor costs, of incorporating the Applicable Project Components into the
Applicable Project are not counted in the Domestic Manufactured Products and
Components Cost.
For purposes of this notice, the manufacturer of a U.S. Manufactured Product
or a Non-U.S. Manufactured Product is the person that performed the manufacturing
process that produced the U.S. Manufactured Product or the Non-U.S. Manufactured
Product. The rules under § 263A that are used to determine whether a taxpayer is
engaged in production or resale activities for purposes of § 263A do not apply for
purposes of this notice.
(c) Total Manufactured Products Cost. The Total Manufactured Products Cost
for an Applicable Project is the sum of the costs of each Applicable Project Component
that is a Manufactured Product. For purposes of determining the Total Manufactured
Products Cost for an Applicable Project, the cost of an Applicable Project Component
that is a Manufactured Product includes only direct costs as defined in § 1.263A-
1(e)(2)(i) that are paid or incurred within the meaning of § 461 by the manufacturer of
the Manufactured Product to produce the Manufactured Product. For purposes of this

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notice, the manufacturer of a U.S. Manufactured Product or a Non-U.S. Manufactured
Product is the person that performed the manufacturing process that produced the U.S.
Manufactured Product or the Non-U.S. Manufactured Product. The rules under § 263A
that are used to determine whether a taxpayer is engaged in production or resale
activities for purposes of § 263A do not apply for purposes of this notice.
(d) Adjusted Percentage Rule Example.
Taxpayer purchases Applicable Project A from Contractor under an engineering,
procurement, and construction contract and places Applicable Project A in service.
Applicable Project A has two Applicable Project Components that are Manufactured
Products.

Contractor performed the manufacturing process that produced Applicable Project A’s
first manufactured product (Manufactured Product 1). Manufactured Product 1 is
manufactured in the United States and has two Manufactured Product Components
(Components 1A and 1B) that are manufactured in the United States. Manufactured
Product 1 is a U.S. Manufactured Product because it and both of its Manufactured
Product Components are produced in the United States.

Supplier performed the manufacturing process that produced Applicable Project A’s
second manufactured product (Manufactured Product 2). Contractor purchased
Manufactured Product 2 from Supplier. Manufactured Product 2 is manufactured in the
United States and has three Manufactured Product Components. Manufactured
Product 2’s first Manufactured Product Component (Component 2A) is manufactured in
the United States, its second Manufactured Product Component (Component 2B) is
manufactured in the United States, and its third Manufactured Product Component
(Component 2C) is manufactured outside of the United States. Manufactured Product 2
is a Non-U.S. Manufactured Product because Component 2C is manufactured outside
of the United States. Components 2A and 2B are U.S. Components because they are
manufactured in the United States.

All costs shown in the table below are the direct costs (as defined in § 1.263A-1(e)(2)(i))
of producing the Manufactured Product or producing or acquiring the Manufactured
Product Component that were paid or incurred within the meaning of § 461 by the
manufacturer of the Manufactured Product. Contractor is the manufacturer of
Manufactured Product 1, and Supplier is the manufacturer of Manufactured Product 2.

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Table 1 – Direct Costs of Manufactured Products 1 and 2

Asset Cost
Manufactured Product 1 $100
Component 1A 30
Component 1B 45

Manufactured Product 2 $200
Component 2A 30
Component 2B 50
Component 2C 100

Applicable Project A’s Domestic Manufactured Products and Components Cost consists
of the cost of Manufactured Product 1 ($100), Component 2A ($30), and Component 2B
($50) for a total of $180. Applicable Project A’s Total Manufactured Products Cost
consists of the cost of Manufactured Product 1 ($100) and Manufactured Product 2
($200) for a total of $300. Applicable Project A’s Domestic Cost Percentage is 60%
($180 divided by $300). Applicable Project A satisfies the Adjusted Percentage Rule
because its Domestic Cost Percentage of 60% exceeds the adjusted percentage. Thus,
Manufactured Products 1 and 2 are both deemed to have been produced in the United
States under the Adjusted Percentage Rule.

.04 Safe Harbor for Classifications of Certain Applicable Project Components. The
Treasury Department and the IRS identified certain Applicable Project Components that
may be found in utility-scale photovoltaic systems, land-based wind facilities, offshore
wind facilities, and battery energy storage technologies. The FTA provided assistance
in evaluating the classification of the identified Applicable Project Components. The
categorization of each item described in Table 2 of this notice as subject to either the
Steel or Iron Requirement or Manufactured Product Requirement is based on the FTA’s
analysis and will be accepted by the IRS for those Applicable Project Components and
Manufactured Product Components. In conducting this analysis, which involves energy
technologies that the FTA would not ordinarily analyze under its regulations with respect
to public transportation projects, the FTA has relied on the expert technical assistance
of the Department of Energy (DOE), particularly with respect to the function of

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Applicable Project Components identified by the Treasury Department and the IRS, the
manufacturing processes involved in producing them, and the identification of certain
Manufactured Product Components of specified Manufactured Products. The
technologies analyzed are different from public transportation, and the IRA includes
specific rules on domestic content (such as a minimum required percentage for
manufactured products) that are different from those in the FTA’s Buy America statute
and regulations. Thus, conclusions about how the items described in Table 2 are
classified under the IRA do not constitute precedent for future the FTA implementation
of its Buy America requirements to federally funded public transportation projects.
The Applicable Project Components described in Table 2 of this notice may not
be an exhaustive set of all Applicable Project Components for those types of Applicable
Projects. The Applicable Projects and Applicable Project Components described in
Table 2 must meet the statutory requirements for the relevant credit under §§ 45, 45Y,
48, or 48E to be eligible for such credit and a domestic content bonus credit amount.

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Table 2 – Categorization of Applicable Project Components
Applicable Project Applicable Project Component Categorization
Utility-scale
photovoltaic system
Steel photovoltaic module racking Steel/Iron

Pile or ground screw Steel/Iron

Steel or iron rebar in foundation (e.g.,
concrete pad)
Steel/Iron

Photovoltaic tracker Manufactured Product

Photovoltaic module (which includes
the following Manufactured Product
Components, if applicable:
photovoltaic cells, mounting frame or
backrail, glass, encapsulant,
backsheet, junction box (including
pigtails and connectors), edge seals,
pottants, adhesives, bus ribbons, and
bypass diodes)
Manufactured Product

Inverter Manufactured Product
Land-based wind
facility
Tower Steel/Iron

Steel or iron rebar in foundation (e.g.,
spread footing)
Steel/Iron

Wind turbine (which includes the
following Manufactured Product
Components, if applicable: the
nacelle, blades, rotor hub, and power
converter)
Manufactured Product

Wind tower flanges Manufactured Product
Offshore wind
facility
Tower Steel/Iron

Jacket foundation Steel/Iron

Wind tower flanges Manufactured Product

Wind turbine (which includes the
following Manufactured Product
Components, if applicable: the
nacelle, blades, rotor hub, and power
converter)
Manufactured Product

Transition piece Manufactured Product

Monopile Manufactured Product

Inter-array cable Manufactured Product

Offshore substation Manufactured Product

Export cable Manufactured Product

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Battery energy
storage technology
Steel or iron rebar in foundation (e.g.,
concrete pad)
Steel/Iron

Battery pack (which includes the
following Manufactured Product
Components, if applicable: cells,
packaging, thermal management
system, and battery management
system)
Manufactured Product

Battery container/housing Manufactured Product

Inverter Manufactured Product

SECTION 4. RETROFITTED PROJECTS
.01 In General. An Applicable Project may qualify as originally placed in service
even though it contains some used property, provided the fair market value of the used
property is not more than 20 percent of the Applicable Project's total value calculated by
adding the cost of the new property to the value of the used property (80/20 Rule). See
Rev. Rul. 94-31, 1994-1 C.B. 16; Notice 2008-60, 2008-2 C.B. 178. The cost of new
property includes all costs properly included in the depreciable basis of the new
property. See Notice 2017-4, 2017-3 I.R.B. 541.
.02 Application to the Domestic Content Requirement. An Applicable Project that is
placed in service after December 31, 2022, and meets the 80/20 Rule is eligible for a
domestic content bonus credit amount if the new property in the Applicable Project
meets the Domestic Content Requirement and the taxpayer complies with the
requirements described in this notice.
SECTION 5. CERTIFICATION REQUIREMENTS
.01 Certification Statement.
(1) In General. Sections 45(b)(9)(B)(i), 45Y(g)(11)(B)(i), 48(a)(12)(B), and
48E(a)(3)(B) authorize the Secretary to prescribe the time, form, and manner for

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certifying compliance with the Domestic Content Requirement.
(2) Certification Procedures.
(a) A taxpayer must submit to the IRS a statement certifying for each Applicable
Project for which the taxpayer is reporting a domestic content bonus credit amount
under §§ 45, 45Y, 48, or 48E that any steel or iron items subject to the Steel or Iron
Requirement or Manufactured Product that is a component of the Applicable Project
upon completion of construction was produced in the United States (Domestic Content
Certification Statement).
(b) The Domestic Content Certification Statement must be attached to Form
8835, Renewable Electricity Product Credit; Form 3468, Investment Credit; or other
applicable form for reporting domestic content bonus credit amounts under §§ 45, 45Y,
48, or 48E filed with the taxpayer’s annual return submitted to the IRS for the first
taxable year in which the taxpayer reports a domestic content bonus credit amount for
such Applicable Project. For each taxable year after the first taxable year in which a
taxpayer initially reports a domestic content bonus credit amount under §§ 45 or 45Y for
an Applicable Project, a taxpayer must attach a copy of the Domestic Content
Certification Statement that was initially submitted to the IRS with the annual return for
the first taxable year.
(c) The Domestic Content Certification Statement must also include the
following information for each Applicable Project:
(i) Whether the Applicable Project is a qualified facility, energy project, or
energy storage technology;

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(ii) The specific type of Applicable Project (for example, Utility-Scale
Photovoltaic System or Battery Energy Storage Technology);
(iii) The geographic coordinates of an Applicable Project and the address of
the Applicable Project, if applicable;
(iv) The date the Applicable Project was placed in service;
(v) The total domestic content bonus credit amount determined under
§§ 45(b)(9), 45Y(g)(11), 48(a)(12), or 48E(a)(3)(B) with respect to the Applicable Project
in the first taxable year in which the taxpayer reports a domestic content bonus credit
amount for such Applicable Project; and
(vi) Any additional information with respect to the Applicable Project that is
required by the applicable forms and instructions for reporting domestic content bonus
credit amounts determined under §§ 45, 45Y, 48, or 48E.
(vii) The Domestic Content Certification Statement must be signed by a person
with legal authority to bind the taxpayer and contain the following statement: “Under
penalties of perjury I declare that I have examined the information contained in this
Domestic Content Certification Statement and to the best of my knowledge and belief, it
is true, correct, and complete.”
.02 Timing of Certification. A taxpayer must certify that an Applicable Project meets
the Domestic Content Requirement as of the date the Applicable Project is placed in
service. The date an Applicable Project is considered placed in service for purposes of
this notice is the date on which such property is placed in a condition or state of
readiness and availability for a specifically assigned function, whether in a trade or
business or in the production of income.

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SECTION 6. SUBSTANTIATION
A taxpayer reporting a domestic content bonus credit amount for meeting the
Domestic Content Requirement must meet the general recordkeeping requirements
under § 6001 in order to substantiate that the Domestic Content Requirement has been
met. Section 6001 provides that every person liable for any tax imposed by the Code,
or for the collection thereof, must keep such records as the Secretary may from time to
time prescribe. Section 1.6001-1(a) provides that any person subject to income tax
must keep such permanent books of account or records as are sufficient to establish the
amount of gross income, deductions, credits, or other matters required to be shown by
such person in any return of such tax. Section 1.6001-1(e) provides that the books and
records required by § 1.6001-1 must be retained so long as the contents thereof may
become material in the administration of any internal revenue law. See also
§§ 45(b)(12), 48(a)(16), 48E(a)(3)(B) (by cross-reference to § 48(a)(12)), and 45Y(f).
SECTION 7. PAPERWORK REDUCTION ACT
Any collection burden associated with this notice is accounted for in Office of
Management and Budget (OMB) control numbers 1545-0123 and 1545-0047. The
collections of information associated with the IRA-related changes to Form 3468 and
Form 8835 were approved, and will continue to be approved, under OMB control
numbers 1545-0123 and 1545-0047. This notice does not alter any previously
approved information collection requirements and does not create new collection
requirements not already approved by OMB.
SECTION 8. DRAFTING INFORMATION
The principal author of this notice is the Office of Associate Chief Counsel

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(Passthroughs & Special Industries). However, other personnel from the Treasury
Department and the IRS participated in its development. For further information
regarding this notice, call the energy security guidance contact number at (202) 317-
5254 (not a toll-free call).