PolicyBrief
H.R. 524
119th CongressJan 16th 2025
NO GOTION Act
IN COMMITTEE

The NO GOTION Act prohibits companies linked to China, Russia, Iran, or North Korea from claiming federal green energy tax credits and deductions.

John Moolenaar
R

John Moolenaar

Representative

MI-2

LEGISLATION

NO GOTION Act Strips Green Energy Tax Credits from Companies Tied to Foreign Adversaries

The NO GOTION Act is designed to pull the plug on federal tax breaks for green energy companies that have deep ties to China, Russia, Iran, or North Korea. Specifically, it targets the Internal Revenue Code to ensure that any 'disqualified company'—those organized in or controlled by these four nations—cannot claim a massive list of clean energy incentives. We’re talking about everything from the section 45X manufacturing credit to section 48C investment credits, effectively cutting off the flow of taxpayer-funded subsidies to entities deemed a national security risk. The bill uses a broad net to define 'control,' meaning if a company is managed or owned by another entity from these countries, the tax benefits vanish for tax years starting after the act is signed.

The 'Disqualified' Filter

Under Section 2, the bill creates a strict 'disqualified company' label that applies to any business organized in or controlled by the four listed countries. The tricky part for the average business owner or investor is how the bill defines 'control.' It leans on existing tax codes (sections 954 and 958) but expands them to cover both foreign and domestic partnerships, trusts, and estates. For a tech startup in the U.S. that took early-stage venture capital from a Chinese-linked fund, this could mean suddenly losing the section 45V credit for clean hydrogen or the 45W credit for commercial clean vehicles. It’s a move that forces companies to pick a side: keep the foreign investment or keep the U.S. tax breaks.

Impact on the Green Supply Chain

This isn't just about giant corporations; it hits the ground level of the green economy. For example, a local construction firm switching to an electric fleet might find that the manufacturer of their trucks just lost the section 45W credit because of a parent company’s ties to Russia, potentially driving up the purchase price for the end-user. The bill lists over 20 specific tax provisions—including credits for biodiesel, carbon sequestration (45Q), and even energy-efficient commercial buildings (179D)—that are now off-limits to these disqualified entities. While the goal is to keep U.S. tax dollars from propping up adversarial regimes, the immediate reality could be a shake-up in who can afford to build solar farms or produce advanced batteries in the American market.

Implementation and Uncertainty

Because the definition of 'control' is so broad, there’s a real risk of administrative headaches. A company might not even realize they are 'disqualified' until they try to file their taxes and find out a minority stakeholder in their parent company’s trust triggers the rule. This medium level of vagueness means the IRS will have a lot of power to decide who stays and who goes. For the person working a trade job in a new 'green' factory, this bill could determine if that factory stays profitable or if the project gets scrapped because the tax math no longer adds up. It’s a high-stakes trade-off between securing our national supply chain and maintaining the current pace of green energy growth.