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Proposed Rule Aims to Promote Semiconductor Supply Chain Certainty by Providing Clear Elective Payment Rules to Eligible Taxpayers Investing in U.S. Semiconductor Manufacturing Facilities

WASHINGTON — The U.S. Department of the Treasury and the Internal Revenue Service (IRS) today are releasing a notice of proposed rulemaking to propose clear rules of the road for taxpayers seeking to utilize the elective payment option to more quickly gain the benefits of the section 48D Advanced Manufacturing Investment Credit (CHIPS ITC), which was established by the CHIPS Act of 2022. By providing an onramp for qualifying taxpayers to more quickly benefit from the CHIPS ITC, Treasury is spurring confidence for taxpayers who are financing greenfield and other investments in domestic facilities for semiconductor manufacturing and manufacturing semiconductor manufacturing equipment– continuing to encourage American job growth and investment in U.S. economic security and prosperity.

Today’s proposed rules would provide procedural certainty for taxpayers seeking to elect the full amount of a CHIPS ITC by clarifying the timing of when elective payment elections are made, explaining how to determine the amount of the credit and elective payment, and laying out clear procedural rules for electing taxpayers – including those that are partnerships and S corporations.  The proposed regulations would also provide guidance on excessive payments and basis reduction and recapture.  Along with the proposed regulations, temporary regulations lay out clear steps on how electing taxpayers will pre-register with the IRS before making an election when they file their annual income tax returns.

“Today, the Treasury is taking decisive steps that will help taxpayers unlock the full investment potential of the landmark CHIPS Act’s Advanced Manufacturing Investment Credit,” said Assistant Secretary of the Treasury for Tax Policy Lily Batchelder. “By establishing clear rules of the road, we’re making sure investors seeking to strengthen America’s semiconductor supply chain have the certainty around the elective payment provisions they need to propel manufacturing efforts forward – building confidence in American innovation and job growth for years to come.”

Today’s proposed regulations would apply to taxable years ending on or after the date they are published as final regulations in the Federal Register. The temporary regulations apply after they are published in the Federal Register. The proposed regulations released today will now have a formal 60-day public comment period.  Treasury and the IRS will carefully consider public feedback before issuing final rules.

Today’s proposed regulations support the CHIPS ITC’s mission of strengthening the resilience of the semiconductor supply chain and creating jobs by incentivizing investments in semiconductor manufacturing facilities across the United States.

In March, the Treasury and the IRS outlined detailed proposed rules ensuring the CHIPS ITC is appropriately tailored to the economic and technological realities of the semiconductor industry in order to cement U.S. leadership in critical semiconductor manufacturing. The March proposed regulations also provided information on how to claim the credit, and defined key terms for the credit – which is generally equal to 25% of an eligible taxpayer’s qualified investment in a facility with the primary purpose of manufacturing semiconductors or semiconductor manufacturing equipment and are integral to the operation of the facility.

The CHIPS ITC, along with the $39 billion in CHIPS for America funding administered by the U.S. Department of Commerce, is an integral part of the suite of incentives to achieve our Administration’s economic and national security goals.

Visit the Federal Register website to read the proposed regulations and temporary regulations.

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