On October 5, 2022, the U.S. Internal Revenue Service (IRS) issued six notices requesting comments on various aspects of extensions and enhancements of energy tax benefits in the Inflation Reduction Act. Here is list of, and...more
The Inflation Reduction Act of 2022 (the “IRA”), which was signed into law on Tuesday, August 16, 2022, includes an investment of over $369 billion in energy security and climate change. There has been a lot of discussion...more
Last Wednesday night, after weeks of negotiations, US Senators Joe Manchin and Chuck Schumer reached a deal on an energy and healthcare bill titled the Inflation Reduction Act of 2022 (the “Act”). The Act includes extensive...more
8/4/2022
/ Energy Policy ,
Energy Projects ,
Energy Reform ,
Green Energy ,
Infrastructure ,
Investment Tax Credits ,
Legislative Agendas ,
Production Tax Credit ,
Proposed Legislation ,
Renewable Energy ,
Tax Incentives
This week, after weeks of negotiations, Senators Manchin and Schumer reached a deal on an energy and healthcare bill titled the Inflation Reduction Act of 2022 (the “Act”). The Act includes extensive provisions relating to a...more
7/29/2022
/ Corporate Taxes ,
Energy Reform ,
Green Energy ,
Income Taxes ,
Infrastructure ,
Investment Tax Credits ,
Legislative Agendas ,
Production Tax Credit ,
Proposed Legislation ,
Regulatory Agenda ,
Solar Energy ,
Tax Incentives
In less than a week, the Rules Committee of the US House of Representatives (the “Rules Committee”) released two versions of modified legislative text of H.R. 5376, the Build Back Better Act. The first version was released on...more
11/12/2021
/ Alternative Minimum Tax ,
Biden Administration ,
Carbon Emissions ,
Clean Energy ,
Corporate Taxes ,
Electric Vehicles ,
Energy Storage ,
Federal Budget ,
Hydrogen Power ,
Investment Tax Credits ,
Net Zero ,
Nuclear Power ,
Pending Legislation ,
Production Tax Credit ,
Regulatory Agenda ,
Renewable Energy ,
Tax Reform
On the night of September 10, 2021, the House Ways and Means Committee (the “Committee”) released legislative text covering a range of green energy tax incentives (the “Bill”) that it hopes will be enacted through the budget...more
9/14/2021
/ Energy Policy ,
Energy Projects ,
Energy Reform ,
Green Energy ,
Infrastructure ,
Investment Tax Credits ,
Legislative Agendas ,
Production Tax Credit ,
Proposed Legislation ,
Renewable Energy ,
Tax Incentives
As the renewable energy sector has grown in recent years, thanks in part to federal income tax credits, researchers and policymakers have begun to focus on the role of energy storage. Because wind and solar are intermittent...more
On June 29, 2021, the US Internal Revenue Service (the “IRS”) released Notice 2021-41 (the “Notice”), extending and enhancing previous relief given by the IRS pursuant to Notice 2020-41 (the “Previous Notice”) on the...more
On May 28, 2021, the Biden administration (the “Administration”) released its FY2022 budget (the “Budget”), which includes proposed investments related to infrastructure, clean energy and research and development. Alongside...more
6/2/2021
/ Air Pollution ,
Biden Administration ,
Corporate Taxes ,
Federal Budget ,
Federal Funding ,
Infrastructure ,
Investment Tax Credits ,
Legislative Agendas ,
Natural Resources ,
Oil & Gas ,
Production Tax Credit ,
Renewable Energy ,
Solar Energy ,
Tax Reform ,
Wind Power ,
Zero-Emission Vehicles
The American Jobs Plan -
On March 31, 2021, the Biden administration released the American Jobs Plan (the “Infrastructure Plan”), which is a proposal that, if ultimately enacted, aims to modernize outdated infrastructure,...more
4/6/2021
/ Biden Administration ,
Carbon Capture and Sequestration ,
Climate Change ,
Electric Vehicles ,
Energy Policy ,
Infrastructure ,
Investment Tax Credits ,
Oil & Gas ,
Orphan Wells ,
Power Grid ,
Production Tax Credit ,
Tax Reform
On December 31, 2020, the IRS released Notice 2021-05 (the “Notice”) on its website, in its advance of its official publication. As discussed in our earlier blog post, the Notice provides favorable guidance for offshore...more
On Monday, December 21, 2020, the United States Congress passed a second large stimulus bill (the “Relief Bill”) aimed at curtailing the economic disruptions caused by COVID-19. ...more
1/7/2021
/ Carbon Capture and Sequestration ,
Clean Energy ,
Energy Projects ,
Energy Tax Incentives ,
Investment Tax Credits ,
Production Tax Credit ,
Renewable Energy ,
Renewable Energy Incentives ,
Solar Energy ,
Tax Credits ,
Wind Power
On December 31, 2020, the US Treasury Department and the Internal Revenue Service (the “IRS”) issued Notice 2021-05 (the “Notice”), which provides relief for offshore renewable energy projects and renewable projects...more
1/5/2021
/ Consolidated Appropriations Act (CAA) ,
Energy Projects ,
Energy Tax Incentives ,
Investment Tax Credits ,
IRS ,
Offshore Wind ,
Production Tax Credit ,
Renewable Energy ,
Renewable Energy Incentives ,
Safe Harbors ,
Solar Energy
On Monday, December 21, 2020, the United States Congress passed a second large stimulus bill (the “Relief Bill”) aimed at curtailing the economic disruptions caused by COVID-19. The Relief Bill, among other things, extends...more
Last night, Congressional leaders announced an agreement on a $900 billion COVID relief bill. While the text of the bill has not been released as of this writing, people familiar with the negotiations have indicated that the...more
12/21/2020
/ Biofuel ,
Carbon Capture and Sequestration ,
Coronavirus/COVID-19 ,
Electric Vehicles ,
Energy Projects ,
Energy Tax Incentives ,
Financial Stimulus ,
Infectious Diseases ,
Infrastructure ,
Investment Tax Credits ,
Production Tax Credit ,
Relief Measures ,
Renewable Energy ,
Renewable Energy Incentives ,
Solar Energy ,
Wind Power
On May 27, 2020, the US Internal Revenue Service (the “IRS”) released Notice 2020-41 (the “Notice”), updating the IRS guidance on the start-of-construction rules for the production tax credit (“PTC”) and energy investment tax...more
5/31/2020
/ Begun Construction Test ,
Energy Projects ,
Investment Tax Credits ,
IRS ,
Popular ,
Production Tax Credit ,
Qualified Energy Facilities ,
Renewable Energy ,
Safe Harbors ,
Solar Energy ,
Tax Credits ,
Wind Power
The U.S. Department of Treasury plans to modify the rules regarding the continuity safe harbor for the start-of-construction rules under Treasury guidance for the production tax credit (PTC) and energy investment tax credit...more
Background -
As the COVID-19 pandemic continues to disrupt project development timelines generally, solar and wind projects that rely on federal income tax credits to obtain financing are particularly sensitive to...more
5/7/2020
/ Coronavirus/COVID-19 ,
Energy Projects ,
Infrastructure ,
Investment Tax Credits ,
IRS ,
Popular ,
Production Tax Credit ,
Renewable Energy ,
Safe Harbors ,
Solar Energy ,
Tax Planning ,
Wind Power
On July 17, 2019, the US Internal Revenue Service (IRS) issued final regulations (T.D. 9872) providing guidance on the rules under Internal Revenue Code (IRC) section 50(d)(5) requiring an income inclusion by the lessee in...more
7/22/2019
/ Corporate Taxes ,
Income Taxes ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
Leases ,
New Regulations ,
Pass-Through Entities ,
Public Comment ,
Real Estate Investments ,
Regulatory Requirements ,
Tax Credits ,
Tax Cuts and Jobs Act ,
Tax Planning
We have published our Legal Update on the Federal Circuit’s opinion in the Alta Wind case involving the calculation of eligible basis for 1603 Treasury cash grant purposes. The 1603 Treasury cash grant rules “mimic” the...more
9/11/2018
/ 1603 Grants ,
Acquisitions ,
Appeals ,
Energy Projects ,
Energy Sector ,
Energy Tax Incentives ,
Investment Tax Credits ,
Power Purchase Agreements ,
Production Tax Credit ,
Remand ,
Renewable Energy ,
Utilities Sector ,
Vacated ,
Wind Power
On June 22, 2018, the IRS released Notice 2018-59 (the “Guidance”). The Guidance provides rules to determine when construction begins with respect to investment tax credit (“ITC”) eligible property, such as solar projects. ...more
A Word About Wind has published our article What Is the Impact of Tax Reform on US Wind Tax Equity Deals? in its blog (subscription required) and newsletter. ...more
1/19/2018
/ Base Erosion Tax ,
Bonus Depreciation ,
Business Taxes ,
Compensation & Benefits ,
Corporate Taxes ,
Energy Projects ,
Energy Sector ,
Infrastructure ,
Investment Tax Credits ,
Partnerships ,
Popular ,
Production Tax Credit ,
Renewable Energy ,
Tax Deductions ,
Tax Equity ,
Tax Planning ,
Tax Rates ,
Tax Reform ,
Trump Administration ,
Wind Power
Yesterday, the House voted 227 to 303 in favor of the tax reform bill agreed to by the conference committee. No Democrats voted for the House bill, and 12 Republicans from high tax states voted against it. The Senate was...more
12/21/2017
/ Alternative Minimum Tax ,
Corporate Taxes ,
Energy Sector ,
Investment Tax Credits ,
Legislative Agendas ,
MACRS ,
Power Purchase Agreements ,
Production Tax Credit ,
Proposed Legislation ,
Renewable Energy ,
Tax Credits ,
Tax Reform ,
Trump Administration
The US tax reform bill that the Senate passed on December 2, 2017—along partisan lines in a 51 to 49 vote—is a mixed bag for the tax equity market. The bill is now headed to the conference committee, consisting of House of...more
12/7/2017
/ Alternative Minimum Tax ,
Corporate Taxes ,
Investment Tax Credits ,
Legislative Agendas ,
Monetization ,
Production Tax Credit ,
Proposed Legislation ,
Renewable Energy ,
Tax Credits ,
Tax Equity ,
Tax Reform ,
Trump Administration
On Thursday, November 2, Republicans in the US House of Representatives released their proposed tax reform legislation, providing for massive alterations to tax law. The proposed legislation would trim tax benefits applicable...more
11/6/2017
/ Automotive Industry ,
Electric Vehicles ,
Energy Projects ,
Energy Sector ,
Energy Tax Incentives ,
Investment Tax Credits ,
Production Tax Credit ,
Proposed Legislation ,
Renewable Energy ,
Solar Energy ,
Tax Code ,
Tax Credits ,
Tax Reform ,
Wind Power