A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Internal Revenue Service relating to "Section 45Y Clean Electricity Production Credit and Section 48E Clean Electricity Investment Credit".
This joint resolution uses the Congressional Review Act (chapter 8 of title 5, U.S.C.) to disapprove the Internal Revenue Service rule implementing or interpreting the Clean Electricity Production Credit (Section 45Y) and the Clean Electricity Investment Credit (Section 48E). The rule in question is published at 90 Fed. Reg. 4006 (January 15, 2025). If Congress passes this resolution and it is enacted into law (with the President’s signature or a successful veto override), the rule would be treated as having no force or effect. In short, Congress would block the IRS’s guidance on how these two clean-energy tax credits are to be claimed or administered. This action does not repeal or modify the underlying statutory credits themselves; it only disapproves the specific rule implementing or interpreting them. If the resolution fails, the IRS rule would stand and be enforceable as issued.
Key Points
- 1Uses the Congressional Review Act (CRA) process to disapprove the IRS rule related to Sections 45Y and 48E, as published in 90 Fed. Reg. 4006 (Jan. 15, 2025).
- 2The rule in question relates to how taxpayers qualify for and claim the Clean Electricity Production Credit (45Y) and the Clean Electricity Investment Credit (48E).
- 3If enacted, the disapproval means the rule has no force or effect; IRS guidance and the rule’s provisions would be deemed nullified.
- 4The resolution does not repeal the underlying statutory credits themselves; it only nullifies the particular rule’s application.
- 5For the resolution to become law, both the Senate and House must pass it, and it must be signed by the President (or enacted over a veto); otherwise, the rule would remain in effect.