Eiduk Tax & Wealth
Promoter structures library · 2026-08-26
Solar and Energy Credit Promotions
Classification A, B or C, depending on the variant. A for solar lens; B/C for real projects and credit transfers
Sold as: "solar lens", "buy a solar project and offset your W-2", "energy credit investment", "transferable credit purchase"
The energy credit is a passive credit. If you are a W-2 earner or an active S corp owner without material participation, you cannot use it, and the pitch usually does not mention that.
The pitch
Buy into a solar project and offset your W-2 or S corp income with the energy credit. Or buy someone else's credit at a discount under the transfer rules and apply it to your own return.
What it costs you if it is wrong
A residential Sec. 25D credit claimed for 2026 does not exist to be allowed. On a real project the credit is passive under Sec. 469 unless you materially participate, so it sits unused rather than offsetting your W-2. A purchased Sec. 6418 credit carries Sec. 50(a) recapture risk to you as the buyer, plus a 20 percent excessive credit transfer penalty under Sec. 6418(g)(2).
Red flags
- The pitch is a residential Sec. 25D credit, which terminated after 2025
- You are a W-2 earner and nobody mentioned Sec. 469
- The credit seller has no IRS pre-filing registration number
- The equipment cannot be shown to exist or produce power
- Investors are recruited by other investors
Questions to ask the person selling this
- 1Which credit is this, and is it still available after the OBBBA termination dates?
- 2I am a W-2 earner. How do I use a passive credit under Sec. 469?
- 3If this is a transferred credit, what is the seller's IRS pre-filing registration number?
- 4Can I see the equipment, and is it producing power?
- 5Who bears recapture risk under Sec. 50(a), and is there an indemnity?