OECD’s Green Credit Guidance Sparks Billions in Clean Energy Investments 

August 2, 20230



In a significant development for the clean energy sector, the Organisation for Economic Co-operation and Development (OECD) has issued favorable guidance on green credits. This guidance is set to attract billions of dollars in financing for clean energy projects in the United States, offering a much-needed boost to the Biden administration’s efforts to transition the nation to cleaner energy sources. The new guidance addresses concerns surrounding minimum taxes and transferability, making it more attractive for corporations to invest in green credits while lowering their tax rates. This article delves into the implications of the OECD guidance and its potential impact on the renewable energy market, providing valuable insights for tax professionals, investors, and those seeking opportunities in the tax technology and transfer pricing domain.  


Pillar Two and Its Impact on Clean Energy Investments


The global minimum tax, known as Pillar Two, has a direct bearing on companies with annual revenues exceeding 750 million euros ($831 million). Any such companies paying below a 15% tax rate will be subjected to a top-up tax. Although Pillar Two will be implemented across the EU and other regions from 2024, its effects on US companies’ low-taxed income will not take hold until 2026 for US groups.  

Amid the Biden administration’s initiatives to promote clean energy, the key strategy revolves around enabling energy developers to sell unused tax credits with transferability. This move allows corporations to purchase these credits at a discounted rate from clean energy developers, thereby facilitating tax rate reductions. The primary concern for multinational corporations, expected to dominate the buyers’ market for these credits, was the possibility of falling below the 15% minimum tax rate upon purchase.  


Assurance for Buyers and Sellers  


The recent OECD guidance, based on consensus from over 130 countries involved in global tax talks, addresses the apprehensions of both buyers and sellers regarding potential loss of credit value due to other countries’ minimum taxes. By providing assurance on this front, the guidance encourages companies to incorporate green credits into their project and tax planning strategies. Consequently, this newfound confidence is expected to bolster investment in renewable energy projects.  


Impact on the Oil and Gas Industry  


The oil and gas industry is poised to play a significant role in the green credit market, with projections indicating investments worth billions of dollars in clean energy projects, as reported by the American Petroleum Institute. This transformative shift is expected to be a game-changer for the market, providing impetus to the ongoing clean energy revolution.  


Understanding Tax Credit Treatment  


Under Pillar Two, refundable credits receive favorable treatment and are treated as additional income. On the other hand, non-refundable credits are considered a reduction in tax, leading to a sharper decrease in the tax rate, making it likely for a company to fall below 15% tax rate. The recent OECD guidance treats sellers’ credits as additional income, ensuring a modest decline in their effective tax rate. This approach alleviates concerns of falling within Pillar Two’s scope.  


Attracting Large Corporations to the Market  


The newfound certainty in Pillar Two’s treatment of green credits is expected to attract large corporations from industries such as technology, oil, and pharmaceuticals to enter the market. These corporations can now calculate their effective tax rates with greater confidence, making it easier for them to buy clean energy tax credits. The market anticipates corporations to purchase credits at a discount, leading to a reduction in tax expenses, effectively lowering their tax rates and encouraging sustainability efforts.  


The Market Moves Forward  


Despite the ongoing comment period for proposed rules on tax credit buying and selling, companies are eager to proceed with deals. The OECD’s favorable guidance adds an extra layer of comfort, reducing uncertainty for market participants. Stakeholder pressures and sustainability goals will likely prompt many companies to explore the purchase of tax credits from clean energy sources, further driving up the demand for these credits.  




The OECD’s recent guidance on green credits is a landmark development that is set to unleash billions of dollars in clean energy investments in the United States. By addressing concerns related to minimum taxes and transferability, the guidance provides a much-needed boost to the renewable energy market, attracting both buyers and sellers to the green credit ecosystem. Large corporations, particularly from industries like technology and oil, are expected to actively participate in this growing market, leading to an increase in financing options and credit prices. As the market evolves, the stability and certainty surrounding green credits are vital for achieving the goal of a sustainable, clean energy future. 

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