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Elective Pay (Direct Pay)

Office of the Governor

Elective Pay (Direct Pay)

Elective Pay

Elective pay (often referred to as Direct Pay) is a new mechanism that allows tax-exempt entities to take advantage of federal clean energy tax credits. Examples of eligible entities that can now receive payment for a portion of their clean energy investments include: 

  • Local governments 

  • Tribal governments 

  • Non-profits 

  • School districts 

  • Houses of worship

  • Rural electric co-operatives 

In line with its mission, the Michigan Infrastructure Office Technical Assistance Center is committed to providing technical assistance and educational resources for Elective Pay- eligible entities to help draw federal infrastructure money to Michigan's communities. 

Learn more about how your organization can use Elective Pay to get reimbursed for the investments it's making by checking out our fact sheets and other resources below. 

Sign up here to stay up-to-date on what the TAC is doing to support eligible entities on Elective Pay.

Email your questions on Elective Pay to mieog-michiganinfrastructure@michigan.gov

Fact Sheets

Direct Pay 101

Clean Energy Projects More Accessible Than Ever 

Elective Pay To-Do List
Breaking News

Important Updates

  • Office Hours

    • The TAC is excited to announce its first Direct Pay Office Hours, taking place December 12 at 11am! Office hours are a block of time to get your questions answered.  We will be taking questions, starting with those submitted ahead of time (rather than providing a presentation). You can submit questions at the time of registration.

      We will have special guests join this first edition of Office Hours:

      • Julie Lyons Bricker, Sustainability Project Manager from Oakland County
      • Simi Barr, a Senior Analyst in Ann Arbor’s Office of Sustainability and Innovations 

      Both Simi and Julie were responsible for filing for direct pay for their organizations and have fantastic insight to share!

    • Please sign up for office hours here: 
Sign up here to receive the latest news on Elective Pay!
New Testimonials

Resources on Elective Pay

2024 Tax Filing Deadlines & Guidelines 

Without Extension

With extension

Jan 1, 2024 - Dec 31, 2024 Tax Year
 IRS- recommended date for completing pre-registration Filing Deadline Anticipated check receipt date IRS- recommended date for completing pre-registration for those using extension Filing Deadline after extension Anticipated check receipt date after extension
January 15, 2025 May 15, 2025 June 29, 2025 July 18, 2025 November 15, 2025 December 30, 2025
Oct 1, 2023 - Sept 30, 2024 as 2024 Tax Year*

 IRS- recommended date for competing pre-registration Filing Deadline Anticipated check receipt date IRS- recommended date for completing pre-registration for those using extension Filing deadline after extension Anticipated check receipt date after extension
October 18, 2024 February 15, 2025 April 1, 2025 April 17, 2025 August 15, 2025 September 29, 2025
July 1, 2023 - June 30, 2024 as 2024 Tax Year*

 IRS-recommended date for completing pre-registration Filing Deadline Anticipated check receipt date IRS - recommended date for completing pre-registration for those using extension Filing deadline after extension Anticipated check receipt date after extension
July 18, 2024 November 15, 2024 December 30, 2024 December 16, 2024 April 15, 2025 May 30, 2025
*Automatic extension granted per IRS 2024-39
 
 

Elective Pay FAQ:

  • Elective Pay is a new mechanism created by the Inflation Reduction Act of 2022 that allows tax-exempt entities, such as local and Tribal governments, school districts, non-profits, rural co-ops, houses of worship, and others (“eligible entities”) access twelve federal clean energy tax credits for the first time. Claiming an elective payment on a federal tax return submitted by a tax-exempt entity is treated as an overpayment of federal taxes, and results in a payment in the form of a check sent to the entity by the IRS.

  • The IRS refers to organizations that are eligible for using Elective Pay as “applicable entities.” Applicable entities include tax-exempt organizations,* states, and political subdivisions such as local governments, Indian tribal governments and their subdivisions, Alaska Native Corporations, the Tennessee Valley Authority, rural electric cooperatives, U.S. territories and their political subdivisions, and agencies and instrumentalities of state, local, tribal, and U.S. territorial governments.** 

    *Tax-exempt organizations include any organization described in sections 501 through 530 that meets the requirements to be recognized as exempt from tax under those sections is eligible for elective pay. This includes, among others, all organizations described in section 501(c), such as public charities, private foundations, social welfare organizations, labor organizations, and business leagues. It also includes homeowners associations exempt under section 528.

     

    **Agencies and instrumentalities of state, local, tribal governments include water districts, school districts, economic development agencies, and public universities and hospitals that are agencies and instrumentalities of states or political subdivisions.


    For more information on eligibility, take a look at the IRS Elective Pay and Transferability FAQ here.
  • The TAC is embarking on an outreach and education program around Elective Pay, with the aim of increasing eligible Michigan entities about this new avenue for receiving federal funds for clean energy projects. The TAC is seeking to open applications and help certain entities access accounting services to assist with filing for Elective Pay for projects placed in service in 2024. The TAC is also planning to host virtual office hours, so eligible entities can get their questions answered, or get connected to technical experts. Finally, the TAC anticipates creating additional programs in partnership with technical experts in order to amplify its resources and increase knowledge throughout the state. Sign up here to get the latest updates on what the TAC is doing to support eligible entities on Elective Pay.

  •  Eligible tax credits include:

    1. Energy Credit (48)

    2. Clean Electricity Investment Credit (48E)

    3. Renewable Electricity Production Credit (45)

    4. Clean Electricity Production Credit (45Y)

    5. Commercial Clean Vehicle Credit (45W) 

    6. Zero-emission Nuclear Power Production Credit (45U) 

    7. Advanced Manufacturing Production Credit (45X) 

    8. Clean Hydrogen Production Credit (45V) 

    9. Clean Fuel Production Credit (45Z) 

    10. Carbon Oxide Sequestration Credit (45Q) 

    11. Credit for Alternative Fuel Vehicle Refueling / Recharging Property (30C) 

    12. Qualifying Advanced Energy Project Credit (48C)

    Take a look at this IRS Fact Sheet for more details.

     
  • Some examples of the most common types of projects that are eligible for using Elective Pay include renewable energy projects such as solar, wind, or geothermal; energy storage projects; electric vehicle purchases and charging infrastructure installations, among others. To see if your project qualifies, review this IRS Fact Sheet for more details on the individual tax credits or use the Lawyers for Good Government Clean Energy Tax Navigator here.
  • Once a project is placed in service, a project must be pre-registered with the IRS through a portal on their website, which the IRS recommends doing 120 days prior to the relevant filing deadline for your organization’s tax year. (See the IRS’s Pre-Filing Registration Tool Guidebook that provides detailed instructions on using the pre-registration portal.) You will then receive pre-registration numbers for each of your projects, which you will use to complete a tax return by the relevant tax year deadline. The IRS has approximated it will take 45 days after a return is filed to receive a check for the elective payment.
  • Elective Pay is treated as an overpayment of taxes. So, when your organization pre-registers its project and later files a federal tax return and makes an elective payment, the IRS will send a check to your organization for the elective payment amount.
  • The amount of funding for each project is dependent on the applicable tax credit selected for your project. This IRS Fact Sheet details the credit amount for each eligible tax credit. There are additional “bonus credits” that can be stacked on top of these credits to increase the credit amount. For more information on bonus credits, see Question 15 of the IRS’s Elective Pay and Transferability FAQ here.
  • Elective Pay is not up-front capital support for a project. Projects must be placed in service in order to be eligible for Elective Pay. Once a project is placed in service, a project must be pre-registered with the IRS on their website, and a tax return must be filed by the relevant tax year deadline. The IRS has approximated it will take 45 days after a return is filed to receive a check for the elective payment.
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