Learn how IRS Section 6418 enables tax credit transfers and why they matter for renewable energy projects.
Transferable tax credits represent one of the most significant innovations in clean energy financing in decades. Created by the Inflation Reduction Act (IRA) of 2022 and codified in IRS Section 6418, these credits allow eligible taxpayers to sell their renewable energy tax credits directly to unrelated parties for cash. This mechanism fundamentally transforms how clean energy projects are financed, making renewable energy development more accessible, efficient, and scalable than ever before.
Before the IRA, renewable energy developers without sufficient tax liability had to rely on complex tax equity partnerships to monetize their credits. These arrangements required extensive legal structuring, significant transaction costs, and often resulted in developers receiving less than the full value of their credits. Section 6418 changed everything by creating a straightforward marketplace where credits can be transferred like financial assets, unlocking billions of dollars in clean energy investment.
The transferability provision is revolutionary because it democratizes access to clean energy tax incentives. Small and medium-sized developers who previously couldn’t attract tax equity investors can now compete on equal footing. Corporations with tax liability can directly support clean energy projects while reducing their tax burden. The result is a more liquid, transparent, and efficient market that accelerates America’s transition to renewable energy while creating economic opportunities across the entire ecosystem.
Before the Inflation Reduction Act, renewable energy developers faced a fundamental challenge: most couldn’t use the valuable tax credits their projects generated. A solar developer building a $50 million project might earn $15 million in Investment Tax Credits (ITC), but if the company only had $2 million in annual tax liability, those credits would go largely unused or take years to realize.
The solution was tax equity financing, where institutional investors with large tax appetites (typically banks and insurance companies) would invest in projects specifically to claim the tax benefits. These arrangements required forming partnerships where the tax equity investor received the majority of tax benefits while the developer retained operational control. The structures were complex, expensive (costing 5-10% of the deal in legal and structuring fees), and time-consuming (often taking 6-12 months to close).
Moreover, the tax equity market was limited. Only a handful of institutions had the expertise, appetite, and tax capacity to participate, creating a bottleneck in clean energy deployment. Smaller developers often couldn’t access tax equity at all, limiting innovation and competition in the sector.
The Inflation Reduction Act’s Section 6418 introduced direct transferability for eligible tax credits. This provision allows taxpayers who own credits to sell them directly to unrelated third parties for cash. The buyer receives the full tax credit as if they had developed the project themselves, while the seller receives immediate cash value without complex partnership structures.
This seemingly simple change has profound implications:
Simplified Transactions: Instead of multi-party partnership agreements, transfers are completed through straightforward purchase agreements. Legal costs drop from hundreds of thousands to tens of thousands of dollars.
Expanded Buyer Pool: Any taxpayer with sufficient tax liability can purchase credits—not just sophisticated tax equity investors. This includes corporations across all industries, from technology companies to manufacturers to retailers.
Improved Economics: Developers typically receive 90-98% of the credit’s face value in cash, compared to 85-95% through tax equity after accounting for fees and yield requirements. The efficiency gains benefit both parties.
Faster Execution: Transfers can close in weeks rather than months, improving project cash flows and reducing financing risk.
Under Section 6418, an eligible taxpayer can elect to transfer all or a portion of eligible credits to an unrelated taxpayer (the transferee buyer) for cash consideration. The critical elements of this mechanism include:
One Transfer Per Credit: Each credit can only be transferred once. The buyer receives the credit and cannot sell it again. This prevents speculative trading and ensures credits serve their intended purpose of reducing tax liability.
Cash Consideration Required: Transfers must be for cash payment, though the amount can be less than the credit’s face value. This is typically 85-95 cents on the dollar, depending on market conditions, credit type, and project characteristics.
Election Timing: The transfer election must be made on the tax return for the year the credit is determined. For the ITC, this is the year the project is placed in service. For the PTC, it’s each year the credit is earned (up to 10 years).
Registration Requirements: Both parties must register the transfer with the IRS before filing their tax returns, providing information about the transaction, payment amounts, and taxpayer identification.
Eligible Sellers include: - Renewable energy project developers and owners - Tax-exempt entities electing direct pay (though they typically use direct pay rather than transferability) - Partnerships and S-corporations (with some complexity around pass-through rules) - Individual taxpayers who own eligible projects
Eligible Buyers include: - Any taxpayer subject to federal income tax with sufficient tax liability - C-corporations in any industry - Individuals with passive income limitations considered - Foreign corporations with US tax obligations
Important Restrictions: - Buyers and sellers must be unrelated parties under IRS rules (no more than 50% common ownership) - Buyers cannot resell the credits - Tax-exempt entities generally cannot purchase credits (they have no tax liability to offset)
The transfer must involve cash consideration, but the IRS does not require a specific minimum price. Market dynamics determine pricing, which typically reflects:
Current market rates generally range from 85-95 cents per dollar of credit value, with well-structured deals involving reputable counterparties achieving the higher end of this range.
Access to Capital: Small and mid-sized developers can now monetize credits without the scale required to attract traditional tax equity investors. This levels the playing field and encourages innovation.
Improved Economics: By eliminating complex partnership structures and reducing intermediary costs, developers retain more project value. The difference between 92% of credit value through transfer versus 87% through tax equity can represent millions of dollars on large projects.
Faster Closings: Transfer transactions close in 4-8 weeks on average, compared to 6-12 months for tax equity. This improves cash flow, reduces financing costs, and accelerates project development cycles.
Simplified Operations: Without tax equity investors as ongoing partners, developers maintain full operational control and avoid ongoing reporting and compliance obligations that tax equity structures require.
Greater Flexibility: Developers can negotiate terms more freely, transfer portions of credits to multiple buyers, and structure deals that align with their specific financial needs.
Cost-Effective Tax Planning: Purchasing credits at 85-95% of face value effectively reduces tax liability by 5-15% compared to paying full taxes, creating immediate value for the buyer’s bottom line.
ESG and Sustainability Goals: Buying credits directly supports renewable energy projects, allowing corporations to demonstrate tangible climate action and meet environmental commitments.
Simplified Participation: Corporations can access clean energy tax benefits without becoming project investors or navigating complex tax equity structures. The process is similar to other corporate financial transactions.
Portfolio Diversification: Buyers can purchase credits from multiple projects and technologies, diversifying their clean energy support and risk exposure.
Predictable Outcomes: Unlike equity investments, credit purchases provide known, fixed benefits with clear tax treatment and minimal ongoing obligations.
Increased Liquidity: The expanded buyer pool and simplified processes create a more liquid market for clean energy tax credits, improving price discovery and market efficiency.
Accelerated Deployment: By making financing more accessible and efficient, transferability accelerates renewable energy deployment, supporting America’s climate goals and energy independence.
Market Transparency: Standardized transfer processes and growing market participation increase transparency in pricing and terms, benefiting all participants.
Innovation and Competition: With financing barriers reduced, more developers can enter the market, driving innovation in technology, business models, and project structures.
Economic Growth: The efficiency gains and expanded access create more clean energy jobs, stimulate local economies, and generate broader economic benefits across communities.
The transfer process begins when a renewable energy project is placed in service—meaning it’s completed and begins operating. For the Investment Tax Credit (ITC), the credit is determined in this year. For the Production Tax Credit (PTC), credits are determined annually over 10 years as electricity is produced.
The project owner calculates the eligible credit amount based on IRS rules, applicable rates, and any bonus credits (domestic content, energy communities, etc.). Proper documentation of costs, qualifications, and compliance is essential.
Developers identify potential buyers through various channels: - Direct corporate relationships - Brokers and intermediaries specializing in tax credit transfers - Platforms and marketplaces (like CloudZe) that connect buyers and sellers - Investment banks and financial advisors
Negotiation covers: - Purchase price (typically 85-95% of face value) - Payment timing and structure - Representations and warranties - Indemnification provisions - Documentation requirements
Buyers conduct due diligence to verify: - Project eligibility and proper credit calculation - Compliance with IRS requirements (prevailing wage, apprenticeship, domestic content, etc.) - Quality of project documentation - Absence of recapture risks - Seller’s authority to transfer credits
Sellers provide documentation including: - Engineering reports and certifications - Cost certifications and supporting invoices - Placed-in-service documentation - Compliance certifications - Legal opinions on credit eligibility
Parties execute a Transfer Agreement that includes: - Identification of the specific credits being transferred - Purchase price and payment terms - Representations and warranties from both parties - Indemnification provisions (typically seller indemnifies buyer for credit recapture) - Conditions to closing - Registration and filing obligations
Before filing tax returns, both parties must register the transfer with the IRS using the IRS Energy Credits Online (ECO) portal. This registration includes: - Taxpayer identification information for both parties - Description of the credits being transferred - Transfer consideration amount - Tax year of the transfer
Registration must be completed before the buyer’s tax return is filed to claim the credit.
Upon satisfaction of closing conditions (including successful IRS registration), the buyer transfers the purchase price to the seller. Payment structures vary: - Full payment at closing (most common) - Holdbacks pending return filing - Escrow arrangements for indemnification claims
The seller provides all necessary documentation and certifications confirming the transfer.
Seller’s Obligations: The seller files their tax return reporting the credit generation and the transfer election. The credit is reported but not claimed, as it has been transferred. The cash received is generally not taxable income (treated as a reduction in basis).
Buyer’s Obligations: The buyer claims the purchased credit on their tax return as if they had generated it directly. The credit offsets tax liability dollar-for-dollar. The purchase price paid becomes part of the buyer’s tax basis in the credit.
For five years after the credit is claimed (the recapture period), the project must maintain compliance with IRS requirements. If recapture occurs due to: - Early disposition of the project - Failure to maintain required operations - Loss of eligibility status
The seller is liable for recapture taxes, not the buyer. Transfer agreements typically include seller indemnification for such events, and buyers often require holdbacks or other security to protect against recapture risk.
Section 6418 makes numerous clean energy tax credits transferable. The major credits include:
The ITC provides credits for investments in renewable energy property including: - Solar energy property (solar panels, solar thermal) - Qualified fuel cell property - Energy storage technology - Qualified biogas property - Microturbines
Base Credit Rate: 6% of qualified investment (30% if prevailing wage and apprenticeship requirements are met)
Bonus Credits Available: Additional 10% for domestic content; additional 10% for energy communities
Related Articles: [Understanding the Investment Tax Credit (ITC)], [Maximizing ITC Bonus Credits]
The PTC provides per-kilowatt-hour credits for electricity generated from qualified sources: - Wind energy - Solar energy - Geothermal energy - Qualified hydropower - Marine and hydrokinetic energy
Base Credit Rate: 0.3 cents/kWh (1.5 cents/kWh with prevailing wage and apprenticeship)
Credit Period: 10 years from placed-in-service date
Annual Transfer: PTC can be transferred each year for all 10 years
Related Articles: [ITC vs PTC: Choosing the Right Credit], [Understanding Production Tax Credits]
Credits for qualified clean hydrogen production based on lifecycle carbon intensity: - Tier 1 (0.45-1.5 kg CO2e/kg): $0.60/kg - Tier 2 (1.5-2.5 kg): $0.75/kg - Tier 3 (2.5-4 kg): $1.00/kg - Tier 4 (<0.45 kg): $3.00/kg
Multiplier: 5x with prevailing wage and apprenticeship
Credit Period: 10 years
Credits for carbon oxide captured and sequestered or utilized: - Direct air capture: up to $180/ton - Other capture: up to $85/ton
Requirements: Minimum capture thresholds, storage verification, monitoring
Credits for domestic production of clean energy components: - Solar wafers, cells, and modules - Wind turbine components - Battery cells and modules - Critical minerals
Credit Amounts: Vary by component type
Reality: Each credit can only be transferred once. After a buyer purchases a credit, they cannot resell it. This is not a securities market with secondary trading—it’s a one-time transfer from the generator to an end user. This limitation prevents speculative trading and ensures credits serve their intended purpose of reducing tax liability for actual taxpayers.
Reality: Only taxpayers with federal income tax liability can purchase and use transferred credits. Tax-exempt organizations, non-profits, and entities without US tax obligations cannot benefit from purchasing credits (though tax-exempt entities can elect direct pay for credits they generate). Additionally, buyers and sellers must be unrelated parties under IRS ownership rules.
Reality: Transfer agreements typically place recapture risk on the seller. If the IRS later determines a credit wasn’t eligible or if recapture events occur (like early project disposition), the seller is liable and must indemnify the buyer. This allocation makes economic sense: sellers control project operations and compliance, while buyers are passive credit purchasers.
Reality: The IRS requires cash consideration but doesn’t mandate a minimum price. Market forces determine pricing, which typically ranges from 85-95% of face value. Discounts reflect risk, transaction costs, market conditions, and the value buyers receive from reducing their tax liability at less than 100% cost. Both parties benefit from the transaction at these price points.
Reality: While transferability dramatically changes the landscape, tax equity still has a role in certain situations: - Projects that need equity financing in addition to tax credit monetization - Situations where tax equity provides better overall economics when combined with other benefits - Developers who prefer long-term investor relationships and ongoing project support
That said, transferability is now the preferred route for most developers solely focused on monetizing tax credits.
Reality: Only credits specifically designated as transferable under Section 6418 can be transferred. While this includes most major clean energy credits (ITC, PTC, 45Q, 45V, etc.), some older credits or state-level credits may not be eligible. Always verify transferability for specific credit types.
Reality: While simpler than tax equity, transfers still require: - IRS pre-filing registration through the Energy Credits Online portal - Proper documentation of credit eligibility and compliance - Correct tax return reporting by both parties - Ongoing compliance monitoring during the recapture period - Professional guidance from tax advisors, attorneys, and accountants
Cutting corners on these requirements can result in credit disallowance, penalties, or recapture.
Our team can help with tax credit evaluation, compliance, and marketplace transactions.
Contact UsThis content is for educational purposes only and does not constitute tax, legal, or financial advice. Always consult with qualified professionals before making tax credit decisions.