The IRS on June 15, 2023, updated its energy community bonus guidance by issuing Notice 2023-45 and Notice 2023-47. The IRS also recently issued energy community bonus guidance in Notice 2023-29. (For a summary of Notice...more
The U.S. Department of the Treasury and IRS on June 14, 2023, released two notices of proposed rulemaking (NOPRs) regarding the direct payment of tax credits under Section 6417 of the Internal Revenue Code (Elective Payment...more
6/15/2023
/ Carbon Capture and Sequestration ,
Clean Energy ,
Energy Projects ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
Federal Funding ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
NPRM ,
Production Tax Credit ,
Renewable Energy ,
Tax Credits ,
Transfer of Interest ,
Tribal Governments ,
U.S. Treasury
The U.S. Department of the Treasury and IRS on May 31, 2023, released a Notice of Proposed Rulemaking (NPRM) regarding the low-income community bonus credit under Section 48 of the Internal Revenue Code. The NPRM requests...more
Following the release of energy community bonus credit and low-income community bonus credit guidance, the U.S. Department of the Treasury and IRS recently provided taxpayers with the domestic content bonus credit guidance....more
5/18/2023
/ Energy Sector ,
Energy Storage ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
IRS ,
Made in the USA ,
Manufacturers ,
Production Tax Credit ,
Renewable Energy ,
Safe Harbors ,
Solar Energy ,
Steel Industry ,
Tax Credits ,
U.S. Treasury ,
Wind Power
Eyes on Energy Tax Update is a regular publication of the Holland & Knight Energy Tax Team that provides highlights of important energy tax developments. ...more
The U.S. Department of the Treasury and IRS have released several pieces of guidance regarding the tax incentives for clean vehicles provided under Sections 30D (new clean vehicle credit), 25E (previously owned vehicle...more
4/14/2023
/ Automotive Industry ,
Batteries ,
Comment Period ,
Electric Vehicles ,
Energy Tax Incentives ,
Inflation Reduction Act (IRA) ,
IRS ,
Lithium Batteries ,
Manufacturers ,
Mineral Extraction ,
NPRM ,
Supply Chain ,
Tax Credits ,
Tax Incentives ,
U.S. Treasury ,
Zero-Emission Vehicles
After much anticipation, the Internal Revenue Service (IRS) released guidance regarding the energy community bonus credit under Sections 45, 48, 45Y and 48E, which also is applicable for purposes of Section 48C. The guidance...more
The Chips and Science Act of 2022 (CHIPS Act) added Section 48D to the Internal Revenue Code to incentivize the manufacture of semiconductors and semiconductor manufacturing equipment in the United States. The credit is equal...more
3/28/2023
/ Comment Period ,
Internal Revenue Code (IRC) ,
IRS ,
Manufacturers ,
New Guidance ,
Proposed Regulation ,
Semiconductors ,
Tax Credits ,
Tax Incentives ,
Technology Sector ,
U.S. Treasury
Reinstated by the Inflation Reduction Act of 2022 (IRA), Section 48C of the Internal Revenue Code provides $10 billion in credits for qualifying advanced energy projects, $4 billion of which must be allocated projects located...more
In support of transitioning to clean energy and combating climate change, Congress enacted the Inflation Reduction Act (IRA) (Pub. L. 117-169) to extend, modify and enhance many existing tax incentives, create new tax...more
12/14/2022
/ Block Grants ,
Climate Change ,
Coastal Real Estate ,
Energy Efficiency ,
Energy Policy ,
Energy Projects ,
Energy Tax Incentives ,
Environmental Justice ,
Farm Bill ,
Federal Grants ,
Forestry ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Native American Issues ,
Renewable Energy ,
Tax Credits ,
Tax Incentives ,
Tribal Governments ,
Tribal Lands
Employers throughout the U.S. have been receiving advertisements and direct solicitations from third parties offering attractive tax savings in the form of Employee Retention Credits (ERC). Oftentimes, these third parties...more
President Joe Biden signed the Inflation Reduction Act of 2022 (IRA) into law on Aug. 16, 2022, following its passage along party lines in the U.S. Senate and House of Representatives. The comprehensive legislation is the...more
10/14/2022
/ Affordable Housing ,
Climate Change ,
Critical Infrastructure Sectors ,
Department of Energy (DOE) ,
Department of Transportation (DOT) ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Federal Funding ,
Federal Grants ,
Forest Service ,
Grants ,
HUD ,
Incentives ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Municipalities ,
NOAA ,
Public Land ,
Public Policy ,
State and Local Government ,
Tax Incentives
President Joe Biden signed the Inflation Reduction Act (IRA) into law on Aug. 16, 2022. The massive legislative package revises policy on taxes, healthcare, agriculture and energy. In particular, the IRA modifies and expands...more
9/30/2022
/ Biden Administration ,
Carbon Capture and Sequestration ,
Climate Change ,
Energy Tax Incentives ,
Green Energy ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
Production Tax Credit ,
Renewable Energy ,
Renewable Energy Incentives ,
Tax Credits
The U.S. Senate on Aug. 7, 2022, passed the Inflation Reduction Act of 2022 (IRA). This comprehensive legislation is the result of many months of negotiations among Democrats to advance some of President Joe Biden's highest...more
8/8/2022
/ Administrative Agencies ,
Administrative Authority ,
Affordable Care Act ,
Biden Administration ,
Budget Reconciliation ,
Clean Energy ,
Climate Change ,
Corporate Counsel ,
Drug Pricing ,
Electric Vehicles ,
Energy Efficiency ,
Energy Sector ,
Environmental Policies ,
Federal Budget ,
Internal Revenue Code (IRC) ,
Medicare ,
Medicare Part D ,
Pending Legislation ,
Popular ,
Prescription Drugs ,
Regulatory Agencies ,
Renewable Energy ,
Superfund ,
Tax Incentives ,
Tax Revenues ,
Zero-Emission Vehicles
The Infrastructure Investment and Jobs Act (IIJA), signed by President Joe Biden on Nov. 15, 2021, revives an excise tax last effective in 1995 on the sale or use of 42 identified chemicals as well as certain substances...more
A group of bipartisan senators and representatives on April 7, 2022, introduced The Opportunity Zones Transparency, Extension, and Improvement Act (the Act). If enacted later this year, this legislation would be the first...more
There is an important tribal reporting deadline at the end of this week: Every tribal government that received a share of the $20 billion Fiscal Recovery Fund (FRF) from the 2021 American Rescue Plan Act must file a report by...more
This Holland & Knight alert discusses the intersection of President Joe Biden's proposed changes to the U.S. tax code, as announced in connection with his fiscal year (FY) 2023 budget, and work underway on the global stage...more
The White House on March 28, 2022, released President Joe Biden's $5.8 trillion proposed budget for federal spending in fiscal year (FY) 2023. The president's budget proposal serves as a fiscal blueprint for the...more
The U.S. Department of the Treasury released the Final Rule on Jan. 6, 2022, governing the use of Coronavirus State and Local Fiscal Recovery Funds (SLFRF) as established under the American Rescue Plan. To assist…...more
The Infrastructure Investment and Jobs Act (IIJA), signed by President Joe Biden on Nov. 15, 2021, revives an excise tax last effective in 1995 on the sale or use of 42 identified chemicals as well as certain substances...more
The Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58) allocates significant resources to increase access to affordable internet and build out critical broadband infrastructure on Indian Reservations. Tribes...more
Please note: This alert has been updated with new developments after the enactment of the Infrastructure Investment and Jobs Act. The Coronavirus Aid, Relief, and Economic Security (CARES) Act authorized a refundable tax...more
12/7/2021
/ American Rescue Plan Act of 2021 ,
CARES Act ,
Coronavirus/COVID-19 ,
Employee Retention ,
Infrastructure ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Tax Credits ,
Wages
Since the beginning of his presidential campaign, President Joe Biden has made clear his vision to drive the United States toward world leadership in green energy. With tax policy long an important tool in the toolbox for...more
6/15/2021
/ Biden Administration ,
Carbon Capture and Sequestration ,
Corporate Taxes ,
Electric Vehicles ,
Energy Efficiency ,
Energy Sector ,
Federal Budget ,
Fossil Fuel ,
Green Book ,
Investment Tax Credits ,
IRS ,
Legislative Agendas ,
Nuclear Power ,
Oil & Gas ,
Production Tax Credit ,
Renewable Energy ,
Solar Energy ,
Sustainable Projects ,
Tax Credits ,
U.S. Treasury ,
Wind Power
The U.S. Supreme Court recently rendered a unanimous opinion holding that the Anti-Injunction Act (AIA) did not block a lawsuit brought by CIC Services against the Internal Revenue Service (IRS), delivering an important...more
6/3/2021
/ Administrative Procedure Act ,
Anti-Injunction Act ,
CIC Services LLC v IRS ,
Criminal Liability ,
Criminal Penalties ,
Federal Jurisdiction ,
Internal Revenue Code (IRC) ,
IRS ,
Notice and Comment ,
SCOTUS ,
Subject Matter Jurisdiction ,
Tax Penalties