News & Analysis as of

Tax Equity

Frost Brown Todd

Public Finance Municipal Bond, Disclosures and Tax Compliance Recap

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Frost Brown Todd’s (FBT) Public Finance Practice Group hosted its annual Public Finance 360° Seminar on Feb. 20, 2025. Webinar topics included a 2025 municipal bond market update, financial disclosure considerations, and tax...more

Foley Hoag LLP - Energy & Climate Counsel

A Boon for Biogas: Treasury’s Final Section 48 ITC Rules Resolve Key Concerns for Biogas and RNG Projects

On December 4, 2024, the Department of the Treasury finalized new rules governing the Section 48 Investment Tax Credit (“ITC”). The ITC applies to a broad range of clean energy projects, including biogas projects, which were...more

Troutman Pepper Locke

Navigating Complexities in Tax Equity Transactions - Energy Law Insights

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Explore the complexities of tax equity transactions in the energy sector with Troutman Pepper’s attorneys Carl Bivens, Nick Guttman, and Kyle Kohler. Through real life case studies, learn about the challenges faced during due...more

Vinson & Elkins LLP

State of the IRA – Pre-Election Review

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As Vinson & Elkins prepares to host its “Energy Transition and IRA Conference” in New York on November 7, 2024 (just two days after the upcoming presidential election), we ask ourselves, where have we been and where might we...more

ASKramer Law

Energy Tax Credits for a New World Part IX: Overview of Changes to Traditional Tax Equity Financing

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Tax equity investments in 2023 were about $20 billion annually. To meet the goals of the Inflation Reduction Act (IRA), “many forecasters estimate that tax equity will need to increase […] to over $50 billion.”...more

Nelson Mullins Riley & Scarborough LLP

Reacting to Tyler v. Hennepin County: Massachusetts Passes Surplus Funds Revisions

In a landmark shift towards protecting delinquent taxpayer’s interest in surplus funds generated from tax lien foreclosures, Massachusetts enacted a law as a part of its 2025 budget to revise the way surplus funds are...more

McDermott Will & Emery

[Webinar] Structuring and Intercreditor Dynamics in Tax Credit Transfers: Lender Perspectives and Considerations - May 8th, 12:30...

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Join us for our newest webinar series, Energy Transition & Infrastructure Private Credit. Over the course of the series, hear from McDermott lawyers and industry-leading guest speakers as they discuss different topics shaping...more

Clark Hill PLC

[Webinar] Preparing for Clean Energy Tax Credit Transfer Transactions - May 1st, 12:00 pm - 1:00 pm EDT

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Project developers in the EV, solar, wind, battery, CCUS, hydrogen, biofuels, and energy efficiency markets have been blessed by the IRS with the ability to transfer tax credits directly to willing buyers. Tax equity...more

Farella Braun + Martel LLP

Cannabis retailers' struggle to stay in business

It's heartbreaking to see licensed retailers continue to shutter and the regulated market continue to shrink as consumers turn back to the illicit market. Hopefully, the change to Schedule III will bring tax equity and make...more

Husch Blackwell LLP

Covering the Basics: Common Renewable Energy Project Financing Options

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As the shift from fossil-based energy production to renewable energy sources continues, growth in renewable energy projects under development has been staggering. But moving projects from early-stage development to commercial...more

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

Transferability of Clean Energy Tax Credits/Inflation Reduction Act: American Clean Power Association Comments Addressing Proposed...

The Inflation Reduction Act (“IRA”) included provisions addressing the transferability of clean energy tax credits. Prior to the enactment of these IRA provisions, it was not possible to monetize federal tax credits...more

Husch Blackwell LLP

Practical and Cost-Saving Tips Before Financing: A Development Attorney’s Perspective

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Whether working on your first utility scale project financing or your fiftieth, the process can be costly, time consuming, and stressful. This article shares a few tips on how to make financing go more smoothly and cost...more

McDermott Will & Emery

[Webinar] State of the Tax Equity Market and Post-IRA Sources of Funding - May 31st, 9:30 am PT

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Join the McDermott Energy & Project Finance Practice Group for its spring webinar series: Navigating the New Energy Landscape. Register for State of the Tax Equity Market and Post-IRA Sources of Funding....more

Troutman Pepper Locke

Tax Issues for Co-location of Energy Storage with Solar or Wind

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The Inflation Reduction Act (IRA) changed the game when it comes to battery storage and its qualifications for investment tax credits (ITC). Partners Christine Byrnes and Anne Loomis discuss the eligibility of energy storage...more

Troutman Pepper Locke

Monetizing Opportunities in Energy Storage in a Post-IRA World

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The Inflation Reduction Act has ushered in a variety of new products, opportunities, and potential investors. Troutman Pepper Partners Vaughn Morrison and John Leonti discuss the opportunities and challenges that accompany an...more

Troutman Pepper Locke

Optimizing Investments in Energy Storage

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Greater flexibility in deal structuring, and the ability to sell tax credits, are two of several new options for project sponsors and investors presented by the Inflation Reduction Act. In this video, Partners Anne Loomis and...more

Perkins Coie

Congress Considers New Bill To Provide Tax Relief for Cannabis Businesses

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Rep. Earl Blumenauer (D-OR) introduced the Small Business Tax Equity Act (H.R. 2643) on April 17, 2023, a bill that will allow cannabis businesses to obtain tax write-offs for ordinary business expenses....more

McDermott Will & Emery

Key Takeaways | Hospitals and Renewable Energy: New Financial Incentives and Opportunities in the Inflation Reduction Act

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During this webinar, Heather Cooper and Carl Fleming, partners in the McDermott’s energy & project finance group, teamed up with McDermott+Consulting’s Debra Curtis to break down the key opportunities and actionable steps...more

McDermott Will & Emery

Key Takeaways | Carbon Capture Gets a Long Runway for Development

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Featured prominently in the Inflation Reduction Act of 2022 (IRA), carbon capture, utilization and storage (CCUS) is one segment of the energy industry that could most benefit from incentivized development. On November 17,...more

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

Production Tax Credits/Wind Power Facility: Oklahoma Supreme Court Addresses Applicability of Ad Valorem Taxation

The Supreme Court of Oklahoma (“Court”) addressed in an October 18th Opinion an issue arising out of two Oklahoma County Assessors’ valuation of a wind farm for ad valorem tax assessment purposes. See Kingfisher Wind, LLC v....more

Husch Blackwell LLP

Energy Tax Provisions in the Inflation Reduction Act of 2022 Audience Questions

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On August 25, 2022, Husch Blackwell’s Energy team kicked off the first of a series of webinars focusing on the Inflation Reduction Act of 2022. Attendees were able to submit their most-pressing questions related to changes in...more

Husch Blackwell LLP

Direct Pay: A Conversation with Shannon Maher Bañaga, Spokesperson, The Partnership for Clean Energy Investment

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Direct pay proposals contained in the proposed Build Back Better Act promise to establish a system that would allow renewable energy developers to elect to receive ITC and PTC tax credits as a refundable credit....more

Husch Blackwell LLP

A Year Out: Renewable Energy Developer and Investor Compliance with the Texas Lone Star Infrastructure Protection Act

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It has been almost a year since Texas’ Lone Star Infrastructure Protection Act (“LIPA”) was signed into law by Governor Abbott on June 18, 2021, and took effect. In the past year, we have seen developers, tax investors, and...more

Husch Blackwell LLP

Direct Pay Proposals in the Build Back Better Act and Observations from Industry Insiders

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Under current law, there are significant tax benefits for renewable energy projects in the United States. These benefits include nonrefundable ITC and PTC tax credits and depreciation deductions. ...more

Rivkin Radler LLP

Biden’s 2022 Revenue Proposal, Profits Interests, And The Alchemy Of Compensation

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Recap- Last week, we considered several of the revenue proposals included in the Biden Administration’s 2022 Budget that are probably of interest – or should we say, “of concern”? – to the owners of closely held...more

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