Eligible Taxpayer Attestation

To register the intention to make an elective payment election for the advanced manufacturing investment credit under section 48D, you must provide an attestation that the taxpayer is an ‘‘eligible taxpayer.’’ For purposes of section 48D, an eligible taxpayer is any taxpayer that:

1. is not a foreign entity of concern (as defined in section 9901(6) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, as amended by section 103 of the CHIPS Act), and

2. has not made an applicable transaction (as defined in section 50(a)) during the taxable year. Treasury Regulations 1.48D-2(f)(2) and 1.50-2(b)(3) provide definitions.