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Tax Credits

McDermott Will & Emery

The Employee Retention Credit: IRS’s “Risking” Model Faces Legal Challenge

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Case: ERC Today LLC et al. v. John McInelly et al., No. 2:24-cv-03178 (D. Ariz.) In an April 2025 order, the US District Court for the District of Arizona denied a motion for a preliminary injunction filed by two tax...more

Ballard Spahr LLP

Finally Received the Employee Retention Credit? Now What? A Guide to ERC Income Tax Consequences

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It appears that the flood gates have opened and that the IRS is finally processing and paying claims for the employee retention credit (ERC) en masse. After waiting a very long time (often years) with no contact from the IRS,...more

Frost Brown Todd

To Be Clear…LLCs Can Issue Qualified Small Business Stock (QSBS)

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Since the finalization of the IRS’s “check-the-box” entity-classification regulations nearly 30 years ago, a state law LLC can elect to be taxed an association taxable as a corporation. During the past month, we have heard...more

Parker Poe Adams & Bernstein LLP

Key Takeaways for Businesses From Recent South Carolina Department of Revenue Rulings

The South Carolina Department of Revenue (SCDOR) has had an active start to the year, issuing new administrative guidance that impacts a variety of businesses operating in the state. Each year, the department issues advisory...more

Dentons

Iowa 2025 Legislative Session – Week 14

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Last week, the energy changed under the golden dome as legislators gave the first indications they are moving towards ending this year’s legislative session. While ultimately not taken up by either chamber this week, Pharmacy...more

Kohrman Jackson & Krantz LLP

Emerging Business Opportunities in Renewable Energy

The generators providing electricity to a 13-state grid stretching from New Jersey to Illinois, including Ohio, will get a record $269.92 per megawatt-day from utilities to provide capacity over a 12-month period, which is...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Maintaining/Enhancing Hydroelectricity/River Restoration Act of 2025: United States Senate Legislation Introduced

S. 1183 has been introduced to the United States Senate, which is titled: Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2025: United States Senate Legislation Introduced (“Act”)....more

Blank Rome LLP

Deference Denied to the South Carolina Department of Revenue

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The South Carolina Court of Appeals determined that Duke Energy Corporation (“Duke”) was entitled to claim nearly $25 million in investment tax credits on its 1996 to 2014 South Carolina income tax returns, as the investment...more

Eversheds Sutherland (US) LLP

Georgia’s 2025 legislative session: Tax legislation overview

During the 2025 legislative session, the Georgia General Assembly passed several notable tax related bills including further decreasing the income tax rate and extending the time period for taxpayers to protest and appeal the...more

Arnall Golden Gregory LLP

Postproduction Credits Back on the Menu: Georgia Revives Income Tax Credits for Film/TV Postproduction Activities

In the final days of the session, the Georgia Legislature reinstated Georgia’s income tax credit for film and television postproduction activities. For tax years beginning January 1, 2026, H.B. 129 will now permit Georgia...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Implementation of Section 45Z/Clean Fuels Production Credit: Energy Marketers of America Comments on Internal Revenue Service's...

The Energy Marketers of America (formerly, Petroleum Marketers Association of America) (“EMA”) submitted April 10th comments to the Internal Revenue Service (“IRS”) addressing its: …notice of intent to propose regulations...more

Buckingham, Doolittle & Burroughs, LLC

IRS Issues Guidance Simplifying Income Tax Compliance Related to the Employee Retention Credit

The IRS recently released new FAQ guidance providing a simplified procedure for addressing income tax amendments and refund claims related to Employee Retention Credit (ERC) determinations. See IRS FAQs. Taxpayers claiming...more

Harris Beach Murtha PLLC

Affordable Housing Credit Improvement Act Re-introduced in House of Representatives

On April 8, 2025, the federal Affordable Housing Credit Improvement Act (“AHCIA”) was reintroduced in the House with 117 bipartisan co-sponsors from over 30 different states. The bill would expand the Low-Income Housing Tax...more

Holland & Knight LLP

IRS Releases Form 4255 to Report Prevailing Wage and Apprenticeship Penalty Amounts

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The IRS recently released an updated Form 4255, Certain Credit Recapture, Excessive Payments, and Penalties, which is used to report the amount due for certain credit recaptures, excessive payments, excessive credit transfers...more

Ballard Spahr LLP

IRS Changes Course on Income Tax Impact of Employee Retention Credit

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On March 20, 2025, the IRS updated its guidance to employers that claimed the employee retention credit (ERC). The updated guidance materially differs from prior IRS guidance of how and when employers should report the income...more

Mayer Brown

From Extraction to Smelting: President Trump Issues Executive Order Aiming to Increase American Mineral Production

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Those in the critical minerals industry have been waiting to see what President Donald Trump’s next move would be after his “Unleashing American Energy” Executive Order on January 20, 2025 (the “January Executive Order”),...more

Arnall Golden Gregory LLP

April Rules Day: Georgia Department of Revenue Streamlines Film Tax Credit Audit Rules

Effective March 12, 2025, the Georgia Department of Revenue (“GADOR”) issued Policy Bulletin IT-2025-01 implementing various updates to its Mandatory Film Tax Credit Audit Program....more

Foster Garvey PC

A Journey Through Subchapter S / A Review of The Not So Obvious & The Many Traps That Exist For The Unwary: Part XVI – Changes in...

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Now that the scurrying around and worrying relative to developments impacting the Corporate Transparency Act (“CTA”) that were coming at us with laser speed are on a slow simmer, I can turn my attention back to my multi-part...more

Bennett Jones LLP

Quebec Budget 2025-26: Important Changes to Quebec Flow-Through Share Regime and Refundable Tax Credit Regime for Mining and Other...

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The 2025-26 Quebec budget, released on March 25, 2025, includes important (and adverse) changes to the deductions and exemptions available under the Quebec flow-through share regime, removing many of the additional provincial...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Washington Update — April 2025

After a flurry of actions in February, March seemed relatively calm by comparison, though there was plenty to track and unpack as the month progressed. All eyes are on what House Republicans will end up cutting from the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

2025 Alabama Legislature: Legislation Introduced That Provides Recycling Credits for Productive Use of Recyclable Materials

House Bill 381 was introduced on March 4th into the Alabama legislature which would provide certain incentives for utilization of recyclable materials. ...more

Benesch

No Tax on Tips! What President Trump’s Promise May Mean for Your Business

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If you’re a political nerd like me, you may have observed then-candidate and now President Donald J. Trump’s pledge to eliminate taxes on tips. In fact, he doubled down on this promise in his speech to Congress on March 4,...more

Blake, Cassels & Graydon LLP

Budget 2025-2026 du Québec : Points saillants en matière de fiscalité

Le 25 mars 2025, le ministre des Finances du Québec, Eric Girard, a déposé le budget 2025-2026 du Québec (le « budget 2025-2026 »). Intitulé Pour un Québec fort, ce budget est axé sur des investissements ayant pour but...more

Blake, Cassels & Graydon LLP

Select Tax Highlights of the 2025-2026 Quebec Budget

On March 25, 2025, Quebec’s Minister of Finance, Eric Girard, tabled Quebec’s 2025-2026 Budget. This year’s budget, titled For a Strong Québec, is focused on investments to help Quebecers build a strong economy and contains...more

Foley Hoag LLP - Energy & Climate Counsel

EV Roundup - March 2025

The electric vehicle (EV) industry is facing a mix of challenges and opportunities as the Trump Administration’s recent policies and tariff announcements take effect in the market. In its first three months, the Trump...more

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