Can capital gains taxes be deferred by investing in green energy infrastructure?

Explore the potential for deferring capital gains taxes through investments in green energy infrastructure projects.


In some countries, including the United States, capital gains taxes on investments in green energy infrastructure can be deferred or reduced through specific tax incentives and programs. However, the availability of these incentives and the eligibility criteria can vary by jurisdiction and may change over time. Here are some common ways capital gains taxes can be deferred or reduced when investing in green energy infrastructure:

  1. Opportunity Zones: In the United States, the Opportunity Zone program was created to encourage investments in economically distressed areas. Capital gains from the sale of any asset can be deferred if those gains are reinvested in a qualified Opportunity Zone Fund (QOF) within 180 days. If the investment is held for a certain period, the investor may qualify for a partial reduction in capital gains tax liability. Investments in green energy projects located within Opportunity Zones can benefit from this program.

  2. 1031 Like-Kind Exchanges: Under Section 1031 of the U.S. Internal Revenue Code, investors can defer capital gains taxes when selling one property (e.g., real estate) and reinvesting the proceeds in a "like-kind" property. While this provision is commonly associated with real estate, it can potentially apply to certain green energy infrastructure investments, such as renewable energy projects, provided they meet specific criteria.

  3. Green Energy Investment Incentives: Some countries offer tax incentives, including capital gains tax deferrals or reductions, for investments in green energy infrastructure. These incentives are designed to promote the development and expansion of renewable energy projects, such as solar, wind, and biomass. The availability and scope of these incentives can vary widely.

  4. Clean Energy Bonds: Governments may issue clean energy bonds to finance renewable energy and energy efficiency projects. Investors who purchase these bonds may receive tax credits or exemptions on the interest income earned, reducing their overall tax liability.

  5. Tax Credits and Deductions: Depending on the jurisdiction, investors in green energy projects may be eligible for various tax credits and deductions related to renewable energy production, energy efficiency improvements, and environmental sustainability. These tax incentives can indirectly reduce capital gains taxes by offsetting other taxable income.

  6. Venture Capital and Private Equity Funds: Investors in green energy infrastructure may choose to invest through venture capital funds, private equity funds, or investment partnerships specializing in renewable energy. These funds may provide tax advantages, such as pass-through deductions, which can reduce the taxable income generated from capital gains.

  7. State and Local Incentives: In addition to federal incentives, state and local governments may offer their own tax incentives for green energy investments. These incentives can vary widely by location.

It's important to note that the specific requirements, limitations, and eligibility criteria for these tax incentives can be complex and subject to change. Additionally, the availability of these incentives may depend on the type of green energy project, the investor's tax situation, and the jurisdiction where the investment is made.

Before making an investment in green energy infrastructure, investors should consult with tax professionals or advisors who are knowledgeable about the tax laws and incentives in their specific jurisdiction. Proper tax planning and compliance are essential to maximize the potential tax benefits associated with green energy investments.

Deferring Capital Gains Taxes Through Green Energy Infrastructure Investments.

There are a few ways to defer capital gains taxes through green energy infrastructure investments. One way is to invest in a qualified opportunity fund (QOF). QOFs are investment funds that invest in low-income communities, also known as opportunity zones. QOFs can invest in a variety of assets, including green energy infrastructure projects.

To qualify for capital gains tax deferral, investors must invest their capital gains into a QOF within 180 days of the sale of the asset that generated the capital gains. Investors can defer their capital gains taxes until the end of 2026, or until they sell their investment in the QOF, whichever comes first.

Another way to defer capital gains taxes through green energy infrastructure investments is to invest in a renewable energy tax credit (RETC) project. RETCs are tax credits that are available to investors in renewable energy projects, such as solar and wind farms. Investors can claim the RETC on their tax return, which reduces their taxable income.

The RETC is a phased-down credit, meaning that the amount of the credit decreases over time. For example, the RETC for solar projects is 26% in 2023, but it is scheduled to decrease to 22% in 2024 and 10% in 2026.

Finally, investors can also defer capital gains taxes through green energy infrastructure investments by investing in a real estate investment trust (REIT). REITs are companies that own and operate income-producing real estate. REITs can invest in a variety of real estate assets, including green energy infrastructure assets, such as solar farms and wind turbines.

REITs are required to distribute 90% of their taxable income to their shareholders in the form of dividends. Dividends are taxed at a lower rate than capital gains, so investing in REITs can be a way to reduce your overall tax liability.

It is important to note that each of these investment options has its own risks and rewards. Investors should carefully consider their investment goals and risk tolerance before making any investment decisions.

Here are some additional things to consider:

  • Investment horizon: Investors should have a long-term investment horizon when investing in green energy infrastructure projects. These projects can take several years to develop and come online.
  • Liquidity: Green energy infrastructure investments can be illiquid, meaning that they can be difficult to sell. Investors should be prepared to hold their investment for the long term.
  • Tax implications: Investors should consult with a tax advisor to discuss the tax implications of any green energy infrastructure investment.

If you are considering investing in green energy infrastructure projects to defer capital gains taxes, you should consult with a financial advisor to develop an investment plan that is right for you.