SECTION 8. OTHER

REQUIREMENTS

.01 Significant Change in Plans . The taxpayer must inform DOE and the IRS if the plans for the project change in any sig­ nificant respect from the plans set forth in the concept paper and the § 48C(e) appli­ cation. The additional § 48C(e) program guidance will provide the procedures for notifying DOE and the IRS. A significant change is any change that a reasonable person would conclude might have in­ fluenced DOE in recommending or rank­ ing the project or the IRS in issuing the Allocation Letter had the person known about the change when considering the § 48C(e) application. Moving the project to a census tract different than the tract stated in the concept paper and § 48C(e) application is a significant change. Failure to satisfy the prevailing wage and appren­ ticeship requirements is not a significant change. See section 4.03 of this notice. Any significant change to the plans set forth in the § 48C(e) application will have the following effects:

(1) If the IRS is informed of the change after the date on which the final appli­ cations for DOE recommendation were due for Round 1 of the § 48C(e) program under section 5.02(3) of this notice and before the IRS sends the Allocation or Denial Letter, see section 5.02(7) of this notice, the IRS and DOE will not consider the project during Round 1 of the § 48C(e) program; and

(2) If the IRS is informed of the change after the Allocation Letter is sent to the taxpayer, any allocation or certification based on that acceptance is void.

.02 Effect of an Acceptance, Alloca- tion, or Certification . An acceptance, allo­ cation, or certification under this notice is not a determination that a project is eligi­ ble for the § 48C credit or that any prop­ erty that is part of the project is eligible property under § 48C(c)(2). The IRS may, upon examination (and after any appro­ priate consultation with DOE), determine that the project does not qualify for the § 48C credit or that the property is not el­ igible property for purposes of this credit.

.03 Reduction or Forfeiture of Allocat- ed Credits. The § 48C credits allocated un­ der section 5 of this notice may be reduced or forfeited in certain situations. A taxpay­

March 6, 2023 514 Bulletin No. 2023–10

er must notify the IRS of the amount of any reduction or forfeiture as required by this notice through the eXCHANGE portal. The amount of any reduction or forfeiture of the allocated credits will be returned and included in the aggregate credit remaining in the § 48C(e) program and under the procedures prescribed pur­ suant to section 9.02 of this notice