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IRS Finalizes Investment Tax Credit Regulations

The regulations provide important clarity around investment tax credits for biogas property, energy storage, and interconnection costs, and ease proposed aggregation rules for multiple properties. The Internal Revenue...more

IRS Safe Harbor Eases Path for Domestic Content Bonus Tax Credits

IRS Notice 2024-41 provides taxpayers with a clearer path toward qualifying for domestic content bonus tax credits through a new elective safe harbor....more

Federal Agencies Provide Guidance on Clean Vehicle Tax Credit Eligibility

Proposed regulations clarify FEOC restrictions and clean vehicle tax credit compliance for manufacturers aiming to produce eligible EVs. As countries around the world accelerate the transition to clean energy, the race to...more

After the IRA - A New Financing Landscape

As we pass the first anniversary of the Inflation Reduction Act, the project finance markets are beginning to coalesce around novel financing structures designed to make optimal use of the new tax credit subsidies that the US...more

IRS Proposed Rules Explain How Taxpayers Can Buy and Sell Renewable Energy Tax Credits or Receive Cash Refunds

The proposed rules for monetizing tax credits should catalyze energy transition markets and offer an alternative to tax equity transactions. On June 14, 2023, the IRS issued proposed rules for how it intends to administer...more

IRS Issues Initial Rules for Domestic Content Bonus Tax Credits

IRS Notice explains how a renewable energy project may qualify for bonus tax credits by using American-made components. Key Points: ..All project components made primarily of steel or iron that perform a structural...more

IRS Clarifies Rules for Energy Community Bonus Tax Credits

The Notice enables developers and investors to more easily determine the Energy Community status of projects. Key Points: ..The IRS and the Treasury Department have provided tables to assist in determining eligibility...more

IRS Publishes Guidance on the Prevailing Wage and Apprenticeship Requirements Under the IRA

Projects that start construction within 60 days from the publication of the Notice are exempt from the requirements. Key Points: ..Taxpayers now have until January 29, 2023, to start construction on a project to avoid...more

Biden Signs Climate Bill With Transformative Changes to Clean Energy Tax Incentives

The Inflation Reduction Act ushers in the largest clean energy tax credit package in US history. Key Points: • Wind and solar tax credits receive a multi-year extension at full rates, and solar projects are eligible...more

Key Senators Agree to Significantly Expand Tax Incentives for Clean Energy

The Inflation Reduction Act, which includes the most dramatic expansion of clean energy tax credits in recent history, would provide a multi-year extension of existing tax credits for wind and solar, increase tax credits for...more

IRS Clears the Way for Retrofitted Carbon Capture Projects

In a new Revenue Ruling, the IRS addresses the scope, ownership, and placed-in-service date for carbon capture equipment. Key Points: ..Developers adding carbon capture equipment to an existing industrial facility now...more

IRS Extends Renewables Continuity Safe Harbor

Notice 2021-41 gives renewable energy developers more time to complete their projects and qualify for tax credits. Key Points: ..Developers of PTC- and ITC-eligible renewables projects that began construction in 2016...more

Treasury Finalizes Carbon Capture Tax Credit Regulations

The US Treasury Department and the IRS provided practical administrative rules for the carbon capture and sequestration tax credit. Key Points: ..The IRS finalized the third set of rules in a series of regulatory guidance...more

IRS Gives Offshore Wind and Federal Land Projects More Time to Qualify for Tax Credits

Notice 2021-05 gives renewable energy developers 10 years to complete projects located offshore or on federal land. Key Points: ..Developers of offshore and federal land projects now have 10 years to complete their...more

COVID-19 Tax Relief Package Extends Renewable Power and Carbon Capture Tax Credits

Congress extends tax credits for certain renewables, and expands tax credits for offshore wind and waste energy recovery. Key Points: ..Production tax credits for onshore and offshore wind projects are extended at a 60%...more

Future of Carbon Capture Looks Bright After Treasury Proposes Long-Awaited Regulations

The Treasury Department and the IRS provided practical administrative rules for the carbon capture and sequestration tax credit. Key Points: ..These rules are the third in a series of regulatory guidance issued by the IRS...more

IRS Provides COVID-19 Relief for Renewable Energy Projects

Notice 2020-41 gives renewable energy developers more time to complete projects and eases technical requirements of the 3 ½ month rule. Key Points: ..Developers who started construction in 2016 or 2017 now have five years...more

Proposed IRS Guidance on Carbon Capture Tax Credits

Market participants can comment on new details related to the requirements, time periods, and permitted transfers of carbon credits. On May 28, the IRS released the long-awaited third piece of carbon capture tax credit...more

Carbon Capture Industry Receives Long-Awaited 45Q Tax Credit Guidance

The IRS addressed key commercial and technical issues regarding the development and financing of carbon capture and sequestration projects. Key Points: ..The IRS released the first two of three anticipated guidance...more

New Law Extends Tax Credits For Wind and Other Renewable Power Plants

A favorable outcome for wind and other renewable projects, but solar and storage are left out. Key Points: ..Qualifying wind projects on which construction begins after December 31, 2019 and before January 1, 2021 will...more

Key Considerations for Back-Leverage Financings of Renewable Energy Projects

Lenders making back-levered term loans to wind and solar projects focus on tax equity terms that impact their access to project cash flows and ability to foreclose. Key Points: ..Most operating period term loans to US...more

Carbon Capture Industry Poised for Growth Following Anticipated 45Q Guidance

IRS seeks comments on key technical questions under the 45Q Credit regime that should spur industry growth. Key Points: ..The 45Q Credit, which was significantly broadened in 2018, provides a tax credit for each metric...more

US Tax Reform: Key Business Impacts, Illustrated With Charts and Transactional Diagrams

Appendix at pages 34-43 includes a series of transactional diagrams outlining the main structuring issues in the international context. Key Points: ..The legislation alters fundamental aspects of US business taxation...more

Tax Reform Update - Impact on Renewable and Energy Projects

Major tax overhaul will reshape the renewables and energy industries. Key Points: ..Sponsors must navigate new tax rules in search of lowest after-tax capital structures. ..A new cross-border tax threatens to...more

Impact of the House Tax Reform Bill on the Renewable Energy Sector

Bold proposal seeks changes to tax credits, depreciation, and corporate tax rates. Key Points: - Production Tax Credits are cut by more than one-third. - Bill may impact existing and future tax equity...more

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