Section 45 (Renewable Electricity Production Tax Credit / “PTC”): Section 45 is a federal production tax credit that is generally based on the number of kilowatt-hours (kWh) of electricity produced at a qualified facility from qualified energy resources and sold to an unrelated person. The credit is typically earned annually over a defined credit period and is claimed using a facility-level approach. This page explains what §45 is (high level), what the statute measures, key operational concepts (facility-by-facility reporting), and how §45 interacts with transferability under IRC §6418.
In short (60 seconds)
- What it is: A production-based tax credit tied to kWh of electricity produced at a qualified facility from qualified energy resources and sold to an unrelated person.
- Credit period concept: The statute describes a 10-year period beginning when the facility is originally placed in service (high level).
- Facility-by-facility: IRS instructions generally require a separate Form 8835 for each qualified facility to claim the §45 credit.
- Transferability: The §45 credit is an eligible credit for §6418 transferability (subject to transferability rules).
- Important timeline note: Newer “tech-neutral” production credits exist for facilities placed in service after 2024 (see the IRS Clean Electricity Production Credit page for that newer regime).
Related pages
- Eligible Credits — directory of all 11 transferable credits under §6418.
- How It Works — transfer workflow, cash rule, timing (high level).
- Registration Filing — pre-filing registration and registration numbers (high level).
- Risk Compliance — diligence, excessive transfer concept, and risk basics.
- Glossary — key terms and definitions.
1) What is the Section 45 credit (PTC)?
In plain English, §45 is a production-based credit: it generally depends on how much electricity a facility produces and sells, rather than the upfront cost of building the facility. The statute frames the credit as a product of a per‑kWh amount multiplied by the kilowatt-hours of electricity produced at a qualified facility from qualified energy resources and sold to an unrelated person, during a defined credit period (high level).
What the statute focuses on (high level)
- Production: kWh produced by the taxpayer at a qualified facility.
- Sale: kWh sold to an unrelated person (the sale concept is part of the statutory structure).
- Time window: A defined credit period beginning when the facility is originally placed in service (high level).
Practical note: Because the credit is tied to measured production and sale, documentation (metering and sales records) is a common diligence focus. See Risk Compliance.
2) Qualified facility and qualified energy resources (high level)
The §45 credit applies to electricity produced at a “qualified facility” from “qualified energy resources,” as defined in the statute and related guidance. A complete list and definitions are technical; most project teams rely on the Code definitions and IRS instructions for the relevant tax year.
Examples of resources commonly associated with §45 (not exhaustive)
- Wind and certain biomass categories
- Geothermal
- Certain hydropower categories
- Landfill gas and certain waste-to-energy categories
- Marine and hydrokinetic (in some regimes)
Use official sources for the complete definitions and for year-specific rules (see “Official sources” at the bottom).
3) How the credit is calculated (conceptual)
At a high level, §45 is computed as a per‑kWh amount multiplied by qualifying kWh produced and sold to an unrelated person. The statute also describes inflation adjustments and other adjustments in certain cases (high level).
Facility-by-facility reporting (important operational concept)
IRS instructions for Form 8835 generally require using a separate Form 8835 for each qualified facility to claim the §45 credit. This “facility-by-facility” structure matters for recordkeeping, diligence, and transferability planning.
Bonus/multiplier concepts (high level)
Under IRA-era rules, credit amounts can be affected by requirements and adjustments (for example, prevailing wage and apprenticeship can affect the credit amount for certain facilities; other adders may also exist in some cases). These topics are fact-specific and depend on project and tax-year rules, so treat this as an overview and verify with official guidance.
4) Form 8835 and “how to claim” (high level)
Taxpayers generally claim the renewable electricity production credit using IRS Form 8835. IRS instructions describe that a separate form is used for each qualified facility and that the credit is allowed only for the sale of electricity produced in the United States or U.S. territories from qualified energy resources at a qualified facility (high level).
Pre-filing registration note (transferability / elective pay)
IRS instructions also reference a pre-filing registration process that must be completed prior to electing payment or transfer of the §45 credit. For the general operational workflow, see Registration Filing.
5) Section 45 and transferability under Section 6418 (what can be transferred?)
The §45 renewable electricity production credit is listed as an eligible credit for transferability under §6418. Transferability rules generally require transfers to be for cash and to unrelated transferees, and include a mandatory pre-filing registration framework. In addition, the transfer election for §45 is made separately with respect to each facility and for each taxable year during the credit period (high level).
Transferability checklist for §45 (PTC) — high level
- Confirm you are working with a §45 credit for a specific qualified facility and tax year (facility-by-year framing is important).
- Plan early for pre-filing registration and collect information needed to support the credit determination and facility identity.
- Cash consideration: Transferability rules require cash payments as consideration for the transferred credit (high level).
- Multiple buyers (possible conceptually): Transfer rules can allow multiple transfer elections for specified credit portions, provided total transferred portions do not exceed the credit for the eligible credit property (high level).
- Risk awareness: Buyer risk exists if credits are later determined excessive or otherwise not allowable; diligence matters.
Read next: How It Works and Registration Filing.
6) Section 45 vs the newer clean electricity production credit (post‑2024 context)
The IRS describes a newer “Clean Electricity Production Credit” regime for qualified facilities placed in service after December 31, 2024, intended to replace the older energy production tax credit regime as it phases out (high level). If your facility is in the post‑2024 timeframe, it may be relevant to review the newer credit framework as part of planning.
Practical takeaway
If you are researching a facility placed in service after 2024, check whether you should be reading about Section 45Y rather than Section 45. This page focuses on Section 45 (PTC) and its transferability under §6418.
FAQs (Section 45 PTC)
1) What does §45 measure?
At a high level, it measures qualifying kWh of electricity produced at a qualified facility from qualified energy resources and sold to an unrelated person.
2) How long can the credit apply?
The statute describes a 10-year period beginning on the date the facility is originally placed in service (high level). Always verify year-specific rules.
3) Do I claim §45 on a facility-by-facility basis?
IRS instructions generally require a separate Form 8835 for each qualified facility to claim the credit.
4) Can §45 be transferred under §6418?
Yes, §45 is listed among the credits eligible for transferability, subject to the transferability rules (cash consideration, registration, etc.).
5) Is this page tax or legal advice?
No. This site provides general informational and educational content only. See Disclaimer.
Official sources (clickable)
This page is educational. For official definitions and year-specific rules, consult the sources below.
- IRC §45 (statute text): U.S. Code — 26 USC §45 (LII)
- IRS Instructions for Form 8835 (Renewable Electricity Production Credit): IRS Instructions for Form 8835
- IRS transferability FAQs (list of eligible credits incl. §45): IRS Transferability FAQs
- §6418 transferability final regulations (Federal Register, T.D. 9993): Transfer of Certain Credits (T.D. 9993)
- eCFR §1.6418-2 (rules for making transfer elections): 26 CFR §1.6418-2
- eCFR §1.6418-4 (pre-filing registration): 26 CFR §1.6418-4
- IRS Clean Electricity Production Credit (post-2024 context / Section 45Y): IRS Clean Electricity Production Credit
Last updated: February 2026
Note: Educational content only — not tax or legal advice. See Disclaimer.