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Introduction

SECTION 14. DRAFTING

Internal Revenue Bulletin 2009-37 · 2026-10-03 edition · updated 2026-10-04 · United States

INFORMATION

The principal author of this notice is Philip Tiegerman of the Office of Associate Chief Counsel (Passthroughs & Special Industries). For further information regarding this notice, contact Philip Tiegerman at (202) 622–3110 (not a toll-free number). For further information regarding the application for certification, the documentation to be submitted to the Service establishing that the requirements of § 48C(d)(2) are satisfied, and the issuance of the certification that the requirements of § 48C(d)(2) are satisfied, contact Tina Meaux, Executive Assistant, Office of the Industry Director, Natural Resources and Construction, at (713) 209–3615 (not a toll-free number).

an acceptance letter for the project under section 5.02(8) of this notice.

.04 If a taxpayer makes the qualified progress expenditures election pursuant to section 10.03 of this notice, rules similar to the recapture rules in § 50(a)(2)(A) through (D) apply. In addition to the cessation events listed in § 50(a)(2)(A), examples of other events that will cause the project to cease being a qualifying advanced energy project are:

(1) Failure to receive a certification for the project in accordance with section 7 of this notice;

(2) Failure to place the project in service within 3 years from the date of issuance of the certification under section 7.01 of this notice; or

(3) A significant change to the plans for the project as set forth in the applications for § 48C certification or DOE recommendation if, under section 8.03 of this notice, the Service’s acceptance of the project is void as a result of the change.

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