U.S. Inflation Reduction Act Preliminary Guidance on Foreign Entity of Concern-FEOC Announcement
On December 1, the U.S. Treasury and Energy
Departments issued preliminary guidance on the Foreign Entity of Concern (FEOC)
under the Inflation Reduction Act (IRA) for the green vehicle tax credit
provision (30D).
Under the Inflation Reduction Act (IRA) and its Green Vehicle Tax Credit
provision (30D), environmentally friendly vehicles with batteries involving a
Foreign Entity of Concern (FEOC) are excluded from tax credit benefits.
Under the interim guidance, foreign concern
countries include China, Russia, Iran, and North Korea. Foreign entities are
considered FEOC if they are established or located in these countries, have a
significant business presence, or are owned, controlled, or directed by the
government of a concern country.
Auto manufacturers must set up a system to
trace critical minerals by late 2026. Traceability certification for minor minerals
is excluded until then due to supply chain challenges and low added value.
The FEOC regulations apply to battery components from January 1, 2024, and to
critical minerals from January 1, 2025.
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