On June 18, 2024, Treasury released the final regulations regarding the IRA prevailing wage and apprenticeship (PW&A) requirements which were established through the Inflation Reduction Act (IRA) [1]. These rules will affect taxpayers intending to qualify for increased amounts of credit or deduction for satisfying PW&A. We anticipate the rules will be effective on Aug. 24, 2024 (60 days after publication in the Federal Register).
The final regulations are generally consistent with the proposed regulations published on Aug. 30, 2023. Some updates or reiterations are addressed in the final regulations, such as:
- Defining dates that impact the wage determination in effect and timing for supplemental wage and additional classification requests
- Clarifying that the apprentice ratios and wages of the geographic area take precedence over apprenticeship program a different geographic area
- Detailing the facts and circumstances that will determine taxpayer intentional disregard
- Exempting tribal members performing the work of laborer or mechanic from prevailing wage on projects owned fully or jointly by tribal entity
- Excepting taxpayers from PW&A requirements for any activity prior to Jan. 29, 2023
- Updating the Good Faith Effort procedures for contractors that need to request qualified apprentices to meet the apprenticeship participation requirement
- Providing transition relief to the taxpayers that started construction before Jan. 29, 2023 and for activities that are considered construction, alteration or repair of qualified facility that occurred prior to Jan. 29, 2023, taxpayers are except from the prevailing wage requirements
These final regulations provide taxpayers with the necessary clarity and certainty to support the growth and compliance of qualified projects under the IRA.
Check back soon for additional information related to the final regulations.
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Don’t let the fear of complexity around PW&A guidance in the IRA deter you from getting started today. We’ve developed an end-to-end solution for contractors and credit seekers that establishes, monitors and documents compliance with prevailing wage, apprenticeship and penalty requirements.
Maximize your IRA tax credits by complying with the PW&A requirements. Contact a PW&A specialist.