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Attorneys urge documentation and early action as IRS processing delays persist; interest paid on late elective-pay refunds
Summary
Presenters said elective-pay refunds are still being issued, though IRS processing is slower due to staffing and paper returns; interest is paid for delays beyond 45 days and attendees were advised to use pre-filing registration messaging and presenter resources for status checks.
During the webinar Q&A, attendees raised practical concerns about IRS processing, online resources and whether the program remains operational; Lawyers for Good Government offered procedural guidance for claimants.
Camille Benninghoff acknowledged IRS processing delays and staffing shortages but said credits continue to be paid. "If the IRS payment takes more than 45 days after the due date of your return, you are entitled to interest," she said, adding that the IRS has paid interest for late refunds in cases they've observed.
Presenters recommended using the IRS pre-filing registration tool's messaging function to check status, emailing the contact addresses provided on the presenters' slides, and using archived versions of agency web pages if current pages are unavailable. They cautioned that phone lines may be poorly staffed during a government shutdown and that messaging or email may be more effective.
In response to attendee worry that public-facing tools (for example, an energy-community map previously maintained by the National Energy Technology Laboratory) are missing or out of date, AC Meyer and Benninghoff said Treasury has not indicated an intent to withhold credits under the statute, though they acknowledged access to guidance and experienced personnel has been disrupted and urged conservative documentation practices.
Practitioners in the Q&A pushed presenters for specifics on claims timing and taxable-year interactions; presenters reiterated that whether payment/entity rules apply depends on the claimant's taxable year (entity-level and payment rules begin in the first taxable year after 07/04/2025 for many entities) and that beginning-construction dates determine material-assistance applicability.
