Critical action deadline: December 31, 2025

Spend at least 5% (more on this below) of your project cost before year-end and you can:

1. Avoid Foreign Entity of Concern (FEOC) compliance entirely
2. Sidestep significant legal and documentation costs
3. Lock in ITC eligibility for projects <1.5MW
4. Buy yourself 4 years to place the project in service

Other critical deadlines at a glance

July 4, 2026: Begin construction (5% safe harbor for projects <1.5MW ac or begin physical work for projects >1.5MW ac) to secure 4-year window to place in service
December 31, 2027: If you don’t meet the critera above before July 4, 2026, place the project in service by this date regardless of size

Safe harbor guidance

Safe harbor can be achieved with at least 5% of total project cost paid and procured before July 4, 2026 (to secure 2025 ITC eligibility for <1.5MW size projects) and before Dec 31, 2025 (to avoid FEOC compliance burdens for any size project).

• Spend slightly more than 5% to be fully “audit-proof,” and protect the project from non-compliance if the total project value increase after contract is signed.
• Funds must be used for actual procurement (typically solar modules), not just for signing contracts.
• Modules are procured and stored at approved warehouses within 105 days of payment. The warehousing has to be paid for by the developer or owner, but does not have to be their own warehouse. Deposits must be non-refundable, and storage fees covered by the developer.
• Each procurement should be fully traceable through paid purchase orders, warehouse tracking, and a clear chain of custody to ensure IRS audit compliance.

Supply chain diligence

If you can’t avoid FEOC, ensure your equipment suppliers provide proper documentation and warranties on the origin of components. This is increasingly important for institutional tax equity.

Contractual protections are essential

With EPC backlogs growing, include liquidated damages and timeline guarantees in your contracts to avoid being deprioritized for larger projects.

Determine priority projects

Map out all projects planned for 2025-2030 and their sizes. Determine which projects are most impacted if they don’t leverage the ITC. For the most impacted projects greater than 1.5 MW ac, prioritize incurring 5% of costs by 12/31/2025 to avoid FEOC compliance and begin physical work by 7/4/2026. For projects smaller than 1.5 MW ac, prioritize incurring the 5% cost to avoid FEOC and secure the four-year timeline to place in service.