Overview
- Notice 2026-15 defines a Material Assistance Cost Ratio with rising thresholds that can disqualify projects, including 2026 requirements of 40% for qualified facilities and interconnection property, 55% for energy storage, and 50% for Section 45X components.
- Interim safe harbors allow reliance on prior domestic-content tables (Notices 2024-41 and 2025-08), use of assigned cost percentages, and supplier certifications, though interconnection property must use the direct-cost method and repowers face special 80/20 rules.
- The guidance focuses on direct material and labor costs for manufactured products and components and applies on a project- or component-specific basis rather than across portfolios.
- Licensing of intellectual property entered into or modified on or after July 4, 2025 is treated as conferring effective control to a specified foreign entity for FEOC purposes.
- The IRS signals stricter enforcement with lower accuracy-penalty thresholds, a six-year assessment window, and penalties for false supplier certifications, while advisers note safe-harbor reliance can reduce upstream tracing and exclude items like wafers, ingots, and polysilicon.