Many active government programs provide assistance and different forms of incentives to develop power and utility projects. The assistance may be in the form of investment or production tax credits, cash grants, or grants of other assets. Figure UP 16-1 highlights some of the current government programs available to utilities and power companies, as well as related accounting, auditing, and compliance considerations.
Figure UP 16-1
Summary of current energy-related government incentives
Program | Description | Accounting, auditing, and compliance considerations |
Inflation Reduction Act energy-related tax credits |
- Can be elected on different types of renewable energy property, technologies, and clean energy fuel sources
- Extended deadlines for many existing credits related to renewable technologies
- Most credits include a base rate plus significant bonus rates, if specific criteria are met
- Certain credits may be monetized through a “direct-pay” option; most may be transferred (sold) to another taxpayer
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- Income tax or government grant accounting models may apply
- No specified audit or compliance requirements; however, subject to recapture
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Other cash grants |
- Applies to a range of activities, including those related to infrastructure and energy efficiency
- Cash grant may be received upfront or on a reimbursement basis
- May be granted by federal, state, or local governments
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- Government grant accounting model applies
- May be subject to numerous grant-specific or other government audit requirements
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Government grants may include significant compliance requirements, including the potential for independent audits and audits by various government agencies. Assessing the probability that the reporting entity will be able to comply with all grant requirements is a key consideration in the recognition process. Therefore, reporting entities should have compliance programs and monitoring procedures that are sufficient to ensure ongoing compliance with the applicable requirements.
Figure UP 16-2 provides a high-level summary of government grant compliance requirements.
Figure UP 16-2
Compliance, reporting, and audit requirements for government grants
Source of requirement | Compliance and reporting requirements | Audit requirements |
Code of Federal Regulations (CFR) and Federal Acquisition Regulation |
- Umbrella of rules and regulations (e.g., Title 10 of the Code of Federal Regulations (CFR) pertains to funding received by the Department of Energy (DOE)
- Key areas include: allowability of activities and costs; cash and property management; Davis-Bacon Act; general eligibility; cost sharing; use of funds; procurement, suspension, and debarment; and real property rules
- Filing requirements include US GAAP financial statements
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- Government entities and not-for-profit entities have specified audit requirements if more than $750,000 in federal spending in one year
- Other entities may have other audit requirements (such as in accordance with DOE guidelines)
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Grant-specific |
- Can vary; specified in the award
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- Can vary; specified in the award
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In addition to the requirements noted in Figure UP 16-2, there may also be requirements under the Internal Revenue Code, such as for specific tax credits.
Reporting entities receiving government grants may be subject to one or more audits by government agencies, such as the DOE Inspector General, defense contract auditors, or external independent accountants. In general, the grant agreement will specify its audit requirements. However, it is possible the grant agreement will be silent on the topic and an audit still may be required under the Code of Federal Regulations 10 CFR 600.316.
Reporting entities should refer to the grant agreement, other related agreements, and information on the DOE website for specific information about the grant being evaluated.