Government

IRS warns of new scam targeting clean energy tax credit

By Staff Report, posted 3 months ago

The Internal Revenue Service(IRS) is warning taxpayers not to fall victim to a new emerging scam involving buying clean energy tax credits.

In this latest scam, the IRS is seeing instances where unscrupulous tax return preparers are misrepresenting the rules for claiming clean energy tax credits under the Inflation Reduction Act (IRA).

The transferability provisions of the IRA enable the purchase of eligible federal income tax credits from investments in clean energy to offset a buyer’s tax liability. The IRS has seen taxpayers file returns using unscrupulous return preparers who are claiming purchased clean energy credits that the taxpayer is ultimately unable to benefit from.

The scam is generally targeting individuals who file Form 1040. The preparers file returns that have individuals improperly claiming IRA credits that offset income tax from sources such as wages, Social Security and retirement account withdrawals.

Individuals purchasing tax credits under the IRA are subject to the passive activity rules for any purchased credits. Generally, this means they can only use purchased credits to offset income tax from a passive activity. Most taxpayers do not have passive income and a passive income tax liability. Most investment activities are not considered passive.

“This is another example where scammers are trying to use the complexity of the tax law to entice people into claiming credits they’re not entitled to,” said IRS Commissioner Danny Werfel in a press release. “Taxpayers should be wary of promoters pushing dubious credits like this and others. The IRS is watching out for this scam, and we urge people to use a reputable tax professional before claiming complex credits like clean energy.”

The IRS noted individual taxpayers claiming inappropriate credits risk future compliance action by the IRS and are responsible for repaying the inflated credit, plus interest and possible penalties.

Individual taxpayers considering purchasing clean energy credits under the IRA should consult a trusted tax professional for advice on whether they are eligible to purchase credits and claim the tax benefits. They should also understand how the limitations under the passive activity rules, and other portions of the tax code, may apply to their particular tax situation.

More information about clean energy can be found on the Inflation Reduction Act of 2022 page on IRS.gov here.

The IRS continues to warn taxpayers about other scams it continues to see that are misleading taxpayers into filing inappropriate claims for other tax credits. The IRS has warned taxpayers not to fall for scams centered around the Fuel Tax Credit, the Sick and Family Leave Credit and household employment taxes. Fueled by misleading social media advice and promoters, the IRS has seen thousands of dubious claims come in earlier this year where it appears taxpayers are claiming credits for which they are not eligible, leading to refunds being delayed and the need for taxpayers to show they have legitimate documentation to support these claims.

Ico insights

INSIGHTS

SPONSORS' CONTENT

In The Current Issue

Storied home starts new chapter: Historic Fayetteville home gets renewed purpose as local business owners prepare to set up shop in the old house

The nearly 200-year-old historic Taylor-Utley House in Fayetteville is being renovated by local business owners Casey and Carl Benander to serve as the storefront for their company Haymount Homes LLC and Casey’s new physical therapy and dry needling


Honoring legacy & sacrifice: The U.S. Army Airborne and Special Operations Museum stands as a reminder of the area's military service and history

The ASOM’s annual Field of Honor, brought to you by the ASOM and the Cool Spring Downtown District, is on display through Nov. 11. Each flag comes with its own story and displays a tag identifying both the person who sponsored the flag and the flag h


Let’s celebrate! Coldwell Banker Advantage of Fayetteville holds celebration to commemorate 50 years in business

To highlight this golden anniversary, CBA hosted a gala on Sept. 12, 2024. Realtors from across the company gathered at the Carolina Barn at McCormick farms for drinks, dinner and to hear from leadership. Graphic provided by CBA.Coldwell Banker Advan