IRS the New DOL?

AGC warns the IRS to look before it leaps into quickly rolling out prevailing wage and apprenticeship requirements—for which it has no internal expertise or experience—tied to new private development tax credits in the Inflation Reduction Act.

On November 4, AGC provided the IRS with extensive feedback on a notice from the U.S. Department of the Treasury seeking public comments on labor provisions tied to clean energy tax incentives—among others—in the Inflation Reduction Act (IRA). The notice marks the first step in outlining how contractors must comply with prevailing wage and registered apprenticeship requirements for projects to be eligible for the full value of the tax incentives.

For the full credit, contractors will have to begin meeting the requirements 60 days after final guidance is issued. AGC advised the agency to not rush incomplete guidance that might trigger the 60-day clock for compliance, but to instead develop truly thoughtful and comprehensive guidance through proper rulemaking so that owners and contractors can understand and meet these unique requirements.

AGC also pointed out that while similar requirements have been tied to various federal, state, and local public works projects, for the first time ever, prevailing wage and apprenticeship requirements will now be required on particular private projects. Likewise, Treasury and owners will also for the first time ever have to understand, regulate, or comply with these requirements to receive the full benefits under the IRA.

AGC stressed that these unprecedented provisions require thoughtful and comprehensive analysis as the IRS comes to fully understand the complexity and challenges contractors will face meeting the requirements.  AGC will continue to work with Treasury and the IRS as it develops further guidance regarding these new labor requirements.

For more information, contact Claiborne Guy at or 703-837-5382.

Industry Priorities