Federal court reinstates solar's 5% safe harbor after IRS notice struck down
A federal judge scrapped IRS Notice 2025-42 and revived the 5% safe harbor rule that solar developers rely on to lock federal clean energy tax credits, in a ruling handed down by a US District Court for the District of Columbia.
The case, docketed as Civil Action No. 25-4400 (CKK) and captioned Oregon Environmental Council v. Internal Revenue Service, closed off the IRS attempt to scrap the safe harbor path. It landed with less than a month left before the July 4 federal clean energy tax-credit deadline.
Created in 2018, the safe harbor rule sets the beginning of construction date that lets solar projects with longer lead times qualify for Section 45Y and 48E tax credits. Developers who spend at least 5% of project cost by that date fix their construction start for tax purposes, preserving credit eligibility even where physical work runs across several years.
Notice 2025-42 had moved to close that route, and striking it down removes the threat to projects built around the 2018 framework and pushing to beat the July 4 cutoff.
Bill Curtis, an attorney at Spencer Fane, told Electrek the outcome is "a significant victory for the industry" that gives developers claiming the credit added certainty.
Sections 45Y and 48E carry the most weight for utility-scale solar, where permitting, interconnection, and equipment orders routinely push operation years past the construction start. The order returns developers to the pre-notice rules as they prepare safe harbor filings ahead of the July 4 deadline.
Source: electrek.co (opens in a new tab)1 sourcePermalink