45X foreign-entity rules reshape credit eligibility
CRITICAL- 1. OBBBA (4 Jul 2025) attaches prohibited-foreign-entity restrictions to 45X and the ITC
- 2. Treasury/IRS issue material-assistance guidance (Feb–Mar 2026)
- 3. Producers must document non-PFE direct cost share across the whole bill of materials
- 4. From 2027, integrated components qualify only if built into another element at the same facility, sold to an unrelated buyer, and made with ≥60% US-sourced materials
- 5. Credit-dependent project economics require supply-chain re-papering and audit-grade traceability
What it means: 45X was the assumption holding up most US plant financial models. It survived OBBBA but the eligibility test is now a documentation problem as much as a sourcing one. If you cannot compute your MACR today, your credit is unmodelled, not merely at risk. The 2027 same-facility and 60% domestic-content tests are the binding constraint.