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Investment Tax Credits Energy Projects Safe Harbors

Holland & Knight LLP

Eyes on Energy Tax Update: Second Quarter 2024

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Eyes on Energy Tax Update is a regular publication of the Holland & Knight Renewable and Alternative Energy Tax Team that provides highlights of important developments. The Renewable and Alternative Energy Tax Team also...more

Holland & Knight LLP

Breaking Down the New Domestic Content Safe Harbor Guidance

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The IRS issued Notice 2024-41 on May 16, 2024, which provides updated guidance regarding the domestic content bonus credit under Sections 45, 48, 45Y and 48E of the Internal Revenue Code. The new notice modifies previously...more

Troutman Pepper

Treasury and IRS Issue Additional Domestic Content Guidance Under IRA and New Elective Safe Harbor

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On May 16, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2024-41, which modifies Notice 2023-38 (Prior Guidance) by expanding the list of Applicable Projects (defined below) to...more

Holland & Hart LLP

Usable Domestic Content Safe Harbor Issued

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On May 16, 2024, the IRS released Notice 2024-41, which modifies the previously issued Notice 2023-38, to provide a new safe harbor for qualifying for the “domestic content” addition to the federal production or investment...more

Stoel Rives LLP

Treasury Provides New Safe Harbor for Domestic Content Bonus Credit

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The U.S. Department of the Treasury (Treasury) today released Notice 2024-41, Domestic Content Bonus Credit Amounts under the Inflation Reduction Act of 2022: Expansion of Applicable Projects for Safe Harbor in Notice 2023-38...more

BCLP

Industry update: PWA guidance

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The Inflation Reduction Act (the “IRA”), which was signed into law in August of 2022, has been top of mind for members of the renewable energy industry. This is because, among other things, the IRA significantly restructured...more

Bricker Graydon LLP

What is an “Energy Community” - IRS Provides Guidance on Key Aspect of the Inflation Reduction Act

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The Inflation Reduction Act (IRA) has been called the most aggressive climate investment ever undertaken by the U.S. Congress. With approximately $370 billion dollars in funding over the next 10 years, it is projected that...more

Vinson & Elkins LLP

Treasury Quietly Changes Energy Community Guidance, Redefining Beginning of Construction Timing Rule

Vinson & Elkins LLP on

In what appears to have been an update to previously released guidance, the Department of Treasury (the “Treasury”) and Internal Revenue Service (the “IRS”) posted an unexpected update to Notice 2023-29 (the “Notice”)...more

Eversheds Sutherland (US) LLP

IRS releases Notice 2023-29 on energy community rules

On April 4, 2023, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2023-29(the Notice) to provide additional guidance on energy community bonus tax credits under IRC sections 45, 45Y,...more

Gould + Ratner LLP

IRS Notice Provides Relief for Renewable Energy Construction Projects

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As we discussed in a previous article, the renewable energy industry is experiencing record growth. President Biden’s current initiatives are also expected to provide an additional boost to accelerate future growth in clean...more

Morrison & Foerster LLP

Window Widens For Completing Construction On Renewable Energy Projects

Good news came for renewable energy developers on June 29, 2021, when the IRS issued Notice 2021-41. The notice gives developers more time to finish projects and makes it easier to prove that they began construction on a...more

Latham & Watkins LLP

IRS Extends Renewables Continuity Safe Harbor

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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

Orrick, Herrington & Sutcliffe LLP

IRS Gives 2016‐2020 Vintage Renewable Energy Projects More Time to Finish Construction; Relaxes Continuity Rules

IRS guidance issued June 29, 2021 extends the deadline by which renewable energy projects (including wind and solar projects) that began construction in 2016 through 2020 may finish construction and qualify for production tax...more

McGuireWoods LLP

IRS Further Extends Continuity Safe Harbor for 2016 and Later Renewable Energy Projects

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On June 29, 2021, the IRS issued Notice 2021-41, providing taxpayers additional relief for purposes of satisfying the beginning-of-construction requirement for qualifying production tax credit (PTC) and investment tax credit...more

Mayer Brown

IRS Extends Start-of-Construction Relief for Renewables in Light of Continuing Effects of COVID-19

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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

Vinson & Elkins LLP

IRS Extends Continuity Safe Harbor For Renewable Energy Projects

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On June 29, 2021, the Internal Revenue Service (“IRS”) issued IRS Notice 2021-41 (the “Notice”), which extends the “Continuity Safe Harbor” for renewable energy projects that qualify for production tax credits under Section...more

Eversheds Sutherland (US) LLP

IRS extends continuity safe harbor for renewable energy projects

On June 29, 2021, the IRS issued Notice 2021-41, which provides a further extension of the continuity safe harbor and revises the “facts and circumstances” rules: ..For PTC and ITC-eligible projects for which...more

Mintz - Energy & Sustainability Viewpoints

Highlights of the Section 45Q Final Regulations

On January 6, 2021, the IRS issued T.D. 9944 (the “Final Regulations”), which finalizes the proposed regulations under section 45Q (the “Proposed Regulations”) that were issued in REG-112339-19 on May 28, 2020 and discussed...more

McGuireWoods LLP

Continuity Safe Harbor Extended for Offshore Wind, Renewable Energy Projects on Federal Land

McGuireWoods LLP on

The IRS recently issued Notice 2021-05, which extends the continuity safe harbor to 10 years for offshore wind projects and renewable energy projects constructed on federal land. Under prior IRS guidance, most renewable...more

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

McDermott Will & Emery

IRS Provides Relief for Offshore Wind and Federal Land Projects

New guidance from the Internal Revenue Service (IRS, the Service) extends the Continuity Safe Harbor to 10 years for both offshore wind projects and projects on federal land...more

Troutman Pepper

IRS Extends Continuity Safe Harbor for Offshore Projects and Federal Land Projects

Troutman Pepper on

On December 31, 2020, the IRS issued Notice 2021-5, which provides relief for the impact of delays on qualified facilities and energy property projects being constructed offshore or on federal land with respect to the...more

Mayer Brown

IRS Grants Beginning of Construction Relief for Offshore Renewable Projects and Renewable Projects on Federal Land

Mayer Brown on

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

Mintz - Energy & Sustainability Viewpoints

Revisiting Rev. Proc. 2007-65 via Rev. Proc. 2020-12: What Can the Carbon Capture Credit Guidance Tell Us About Wind Partnership...

Earlier in the year, the IRS released Revenue Procedure 2020-12, which establishes a safe harbor for the allocation of section 45Q credits in so-called “partnership flip structures” and the equity treatment of tax equity...more

Akin Gump Strauss Hauer & Feld LLP

Carbon Capture, Use, and Sequestration: Proposed Regulations Enable Taxpayers to Accelerate Projects

The Treasury Department and Internal Revenue Service (IRS) issued Proposed Regulations for carbon sequestration tax credits—under Section 45Q—addressing recapture risk and the availability of the credit when carbon is...more

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