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Treasury Regulations · 26 CFR

§ 1.45U-3. Rules relating to the increased credit amount for prevailing wage.

In effect eCFR current as of October 15, 2026

Regulation text, no changes From the eCFR, current as of October 15, 2026. The eCFR is an authoritative but unofficial editorial compilation of the Code of Federal Regulations; the official text is the annual CFR on govinfo. Compare it with this section on ecfr.gov (external site) or the official annual CFR on govinfo (external site).

Regulation under 26 U.S.C. § 45U

Cite as 26 CFR § 1.45U-3

At a glance

Read from the text and its source citation. Not part of the regulation.

Status
In the current eCFR
Issued
June 25, 2024 by T.D. 9998
Last amended
August 16, 2024 by T.D. 9998
Issued under
26 U.S.C. § 45U
Length
307 words · about 1 min to read
Cross-references
cites 2 Code sections and 2 regulations; cited by 0
(a) In general. If a qualified nuclear power facility satisfies the prevailing wage requirements of section 45(b)(7) and § 1.45-7 for any alteration or repair with respect to such qualified nuclear power facility within the meaning of section 45U(b)(1), and the recordkeeping and reporting requirements of § 1.45-12, then the amount of the zero-emission nuclear power production credit for the taxable year is equal to the credit amount determined under section 45U(a) multiplied by five.
(b) Qualifying Project Labor Agreement for a qualified nuclear power facility. For the purposes of section 45U and § 1.45-7(c)(6)(ii), in order to be a Qualifying Project Labor Agreement, such agreement must, at a minimum:
(1) Be a collective bargaining agreement with one or more labor organizations (as defined in 29 U.S.C. 152(5)) of which employees of the qualified nuclear power facility are members and such agreement establishes the terms and conditions of employment at the qualified nuclear power facility;
(2) Contain guarantees against strikes, lockouts, and similar job disruptions;
(3) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the collective bargaining agreement; and
(4) Contain provisions to pay wages at rates not less than the prevailing rates in accordance with subchapter IV of chapter 31 of title 40 of the United States Code.
(c) Applicability date. This section applies to alterations and repairs of qualified nuclear power facilities that are performed after June 25, 2024, for taxable years beginning after June 25, 2024. Taxpayers may apply this section to alterations and repairs of qualified nuclear power facilities that are performed prior to June 25, 2024 provided that taxpayers follow this section in its entirety and in a consistent manner.

[T.D. 9998, 89 FR 53271, June 25, 2024; T.D. 9998, 89 FR 66562, Aug. 16, 2024]

Cross-references

Computed from the citations in the text of 26 CFR.

Code sections it cites

Regulations it cites

Amendment history

From the source citation at the end of the section, newest first. T.D. is a Treasury decision; FR is the Federal Register.

  1. Amended by T.D. 9998 (89 FR 66562)
  2. Issued by T.D. 9998 (89 FR 53271)

Where it sits in 26 CFR

  1. Subchapter A Income tax
  2. Part 1 Income taxes
  3. Rules for computing credit for investment in certain depreciable property

Nearby sections