US legislators propose rewrite of 45X manufacturing tax credit to block ‘adversarial foreign government’-linked companies

LinkedIn
Twitter
Reddit
Facebook
Email

A resolution aimed at rescinding access to the 45X manufacturing tax credit for companies with links to ‘adversarial foreign governments’, primarily China, has been submitted in the US House of Representatives.

Two US representatives have submitted a resolution to suspend the Internal Revenue Service (IRS) regulations regarding the implementation of the 45X Advanced Manufacturing Production Tax Credit (PTC) in the US, a key piece of legislation that has encouraged investment in clean energy manufacturing facilities in the country.

The representatives, Michigan Republican John Moolenaar and Maine Democrat Jared Golden, proposed that the tax credit implementation “shall have no force or effect” in a short document submitted to the House of Representatives.

The bill will need to be passed by both the House of Representatives and the Senate, before being approved by recently re-elected president Donald Trump, who will take office in the new year. The House of Representatives and the Senate make up lower and upper bodies of Congress, the legislative arm of the US government.

This article requires Premium SubscriptionBasic (FREE) Subscription

Try Premium for just $1

  • Full premium access for the first month at only $1
  • Converts to an annual rate after 30 days unless cancelled
  • Cancel anytime during the trial period

Premium Benefits

  • Expert industry analysis and interviews
  • Digital access to PV Tech Power journal
  • Exclusive event discounts

Or get the full Premium subscription right away

Or continue reading this article for free

The IRS and the Treasury finalised their rules for the implementation of the tax credit last month. Should the proposition take effect, the IRS and the Treasury would have to rewrite these rules governing the 45X tax credit. While this would not immediately overturn the 45X credit, it could disrupt a piece of legislation that had contributed to the addition of significant new solar manufacturing capacity in the US.

PV manufacturing alone has increased nearly fourfold since the passage of the Inflation Reduction Act (IRA) in 2022, but Moolenaar and Golden argue that, in its current form, the tax credits allow for foreign companies, most notably those in China, to benefit from the tax breaks provided they build facilities on US soil.

“America must be a nation of producers, not just consumers,” said Golden in the announcement of the resolution. “That’s the goal of domestic manufacturing credits: to support America’s production economy. But the Biden administration has consistently included loopholes in rulemaking that allow foreign-owned companies – including those with ties to adversarial foreign governments – to benefit from preferential tax treatment intended for American firms.

“The administration needs to go back to the drawing board and ensure they are not subsidising our global competitors.”

During a webinar held last week, in which consultancy Clean Energy Associates (CEA) discussed the potential impacts of the election on the US clean energy manufacturing sector, senior policy analyst Christian Roselund suggested that foreign companies would be able to benefit from the IRA tax incentives under the legislation in its current form, but that a crackdown could be coming.

“There’s a probability, we think it’s likely, that there will be restrictions on the ability of Chinese companies to access the section 45X credit, which is the main incentive for manufacturing in the US,” said Roselund.

See the full original version of this article on PV Tech.

15 September 2026
San Diego, USA
You can expect to meet and network with all the key industry players again in 2025 from major US asset owners, operators, RTOs and ISOs, optimizers, software and analytics providers, technical consultancies, O&M technology providers and more.

Read Next

August 28, 2026
Nomad Power Solutions has announced that the US Department of Energy (DOE) Office of Electricity has authorised the advancement of an energy storage demonstration project in Vermont.
Premium
August 28, 2026
China’s listed battery storage companies have entered the peak interim reporting season, with H1 2026 likely marking the broadest profit recovery in recent years.
Premium
August 27, 2026
A total of 18GWh of large-scale BESS capacity came online in July 2026, of which China accounted for 70%. 
August 27, 2026
Lithium-ion (Li-ion) battery cathode material producer Nano One has reaffirmed its strategy for addressing growing demand for lithium iron phosphate (LFP) cathode active materials outside China, focusing on a licensing-based approach through regional development company partnerships.
August 26, 2026
In this news roundup, Eos and WATTMORE; Gotion and Gamma Technologies; Middle River Power and PowerTransitions; and Electra AI and MinTech are advancing battery energy storage system (BESS) technology in the US.