IRS Interim Guidance on FEOC Rules: Compliance with the Material Assistance Restrictions

On March 16, 2026, Cravath prepared a memo for its clients entitled “IRS Interim Guidance on FEOC Rules: Compliance with the Material Assistance Restrictions.” The memo discusses Notice 2026‑15 issued by the Department of the Treasury and the Internal Revenue Service on February 12, 2026, in connection with the foreign entity of concern (“FEOC”) rules that were expanded under the One Big Beautiful Bill Act (the “OBBBA”). The FEOC rules apply to taxpayers claiming tax credits under Sections 45Y, 48E and 45X of the Internal Revenue Code. The notice primarily provides interim guidance regarding the “material assistance” restrictions under the OBBBA, including the calculation methodologies for determining compliance and availability of certain interim safe harbors for certain technologies.

Please click here to read the memo.