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Clean energy credits: what you need to know about Alaska Native Corporations; Are Alaska Native Corporations eligible?

Understanding Clean Energy Credits for Alaska Native Corporations

In an era where clean energy is increasingly prioritized, tax-exempt and governmental entities have the opportunity to benefit from clean energy tax credits. This is made possible through new options introduced by the Inflation Reduction Act of 2022 (IRA). This article aims to provide valuable information to Indian tribal governments and Alaskan Native Corporations on how to take advantage of these clean energy tax credits and make elective payment elections.

The Inflation Reduction Act and Clean Energy Credits

The IRA has opened doors for Indian tribal governments and Alaskan Native Corporations to reap the benefits of certain clean energy tax credits. For tax years commencing post-December 31, 2022, an entity that qualifies for a clean energy tax credit has the option to make an elective payment election. This election allows certain credits to be treated as a payment against their federal income tax liabilities instead of as a nonrefundable credit. The credit amount will first be used to offset any tax liability of the entity, and any remaining amount will be refundable.

Eligibility of Alaska Native Corporations

So, are Alaska Native Corporations eligible for these credits? The answer is a resounding yes. Any Alaska Native Corporation, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)), is eligible. This includes any Regional Corporation, Village Corporation, Urban Corporation, and Group Corporation, all of which must be organized under the laws of the State of Alaska.

However, it’s important to note that Settlement Trusts are not eligible based on their affiliation with an Alaska Native Corporation. They do qualify if the Settlement Trust has obtained exempt status under section 501(a) and has applied for and received a determination letter from the IRS recognizing their tax-exempt status.

For more detailed information about elective pay and Alaska Native Corporations, you can refer to Publication 5817-C.

Additional Information on Clean Energy Credits

For further information about clean energy credits, you can visit the IRS tribes page and the IRS clean energy page. These resources offer a wealth of knowledge to guide you through the process of applying for and benefiting from clean energy credits.

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Clean energy credits: what you need to know about Alaska Native Corporations Tax-exempt and governmental entities can benefit from clean energy tax credits using new options enabled by the Inflation Reduction Act of 2022 (IRA). This newsletter is part of a series from the IRS to provide information to Indian tribal governments about clean energy tax credits and how to make elective payment elections. The IRA allows Indian tribal governments and Alaskan Native Corporations to benefit from certain clean energy tax credits through elective pay. For tax years beginning after December 31, 2022, an applicable entity that qualifies for a clean energy tax credit can make an elective payment election. This election will treat certain credits as a payment against their federal income tax liabilities rather than as a nonrefundable credit. The amount of the credit will first offset any tax liability of the entity and any excess will be refundable. Are Alaska Native Corporations eligible? Yes. Any Alaska Native Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)) is eligible, meaning any Regional Corporation, any Village Corporation, any Urban Corporation and any Group Corporation, which is organized under the laws of the State of Alaska. Settlement Trusts are not eligible based on affiliation with an Alaska Native Corporation but do qualify if the Settlement Trust qualified for exempt status under section 501(a) and applied for and received a determination letter from the IRS recognizing any such tax-exempt status. Publication 5817-C has more information about elective pay and Alaska Native Corporations. Additional information about clean energy credits can be found at irs.gov/tribes and IRS.gov/cleanenergy.

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