John A. Eliason

John A. Eliason

Foley & Lardner LLP

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Latest Publications


IRS Issues Notice 2015-25 Extending Safe Harbor for Continuous Construction in Order to Take Advantage of Renewable Energy Tax...

Thursday, the IRS issued Notice 2015-25, which updates the guidance in Notices 2013-29, 2013-60, and 2014-46. These Notices provide that a taxpayer can show that it has “begun construction” of its qualified renewable energy...more

3/16/2015 - IRS Production Tax Credit Renewable Energy

Production Tax Credit Extended for Renewable Projects Beginning Construction in 2014

On December 19, 2014, President Obama signed into law the Tax Increase Prevention Act of 2014 (H.R. 5771). H.R. 5771 includes a retroactive one-year extension of the section 45 renewable electricity production tax credit...more

1/23/2015 - Biomass Electricity Energy Policy Geothermal Energy New Legislation Production Tax Credit Renewable Energy Solar Energy Tax Extenders Wind Power

IRS Releases Guidance on Performance and Quality Standards for Small Wind Energy Property

The IRS recently released Notice 2015-4 (the Notice), which provides performance and quality standards that small wind energy property (defined under section 48(c)(4) of the Code as property utilizing a “qualifying small wind...more

1/19/2015 - Energy Projects Investment Tax Credits IRS Wind Power

IRS Releases New Guidance on Beginning of Construction

The IRS recently released Notice 2014-46 (the Notice) which provides welcome guidance to tax equity investors and developers on the construction of wind, geothermal, biomass, landfill gas and certain hydropower and marine...more

8/25/2014 - Energy Projects Equity Investors Geothermal Energy Hydropower Investment Tax Credits IRS Power Plants Production Tax Credit Renewable Energy Wind Power

Landmark Massachusetts Net-Metering Bill Goes up in Smoke as Water-Downed Compromise Bill Is Agreed to on Last Day of Legislative...

An eleventh-hour compromise by the Massachusetts House Ways and Means Committee effectively gutted the highly publicized net metering and solar power bill, which, as proposed, was considered by many including the Solar Energy...more

8/21/2014 - Energy Policy Legislative Agendas Pending Legislation Solar Energy Utilities Sector

Senate Finance Committee Passes PTC Extension as Part of Tax Extenders

On April 3, the Senate Finance Committee passed a modified extenders package that includes a two-year extension of the renewable energy production tax credit (PTC) under section 45 of the Internal Revenue Code as well as an...more

4/4/2014 - Production Tax Credit Tax Extenders Tax Reform

PTC Extension Added to Tax Extenders

A modified extenders package was released today that includes a two-year extension of the renewable energy production tax credit (PTC) under section 45 of the Internal Revenue Code as well as an extension of the option to...more

4/3/2014 - Energy Tax Incentives Investment Tax Credits Production Tax Credit Tax Extenders

Contemplating IRS Safe Harbor for Rehabilitation Credits and Its Impact on the Energy Investment Tax Credit

The IRS recently issued Revenue Procedure 2014-12, providing a safe harbor under which the IRS will not challenge partnership allocations of “section 47” federal rehabilitation tax credits. In the aftermath of the IRS’s win...more

1/6/2014 - Energy Investment Tax Credits IRS Rehabilitation Benefits Safe Harbors Tax Credits

IRS Clarifies “Begun Construction” Guidance for PTC and ITC Eligibility (Notice 2013-29)

On September 20, 2013, the IRS released Notice 2013-60, which clarifies the IRS’s original guidance regarding the eligibility requirements for the production tax credit (PTC) and investment tax credit (ITC) for certain...more


Developers Rejoice! IRS Issues “Begun Construction” Guidance

On April 15, 2013, the IRS released Notice 2013-29 addressing the eligibility for certain alternative energy projects to qualify for the renewable electricity production tax credit (PTC) under section 45 of the Tax Code. This...more

4/17/2013 - 1603 Grants Eligibility IRS Production Tax Credit Qualified Energy Facilities Renewable Energy Safe Harbors Tax Credits

Treasury Releases Message on Impact of Sequestration on 1603 Cash Grants

On March 4, 2013, U.S. Treasury released guidance on the impact of the across-the-board spending cuts known as “sequestration” to the Section 1603 cash grant program. As stated in the message, payments under Section...more

3/5/2013 - 1603 Grants American Recovery and Reinvestment Act Sequestration U.S. Treasury

IRS Revokes Favorable Ruling Concerning Purchase Price Allocations

On December 7, 2012, the IRS made public its revocation of Private Letter Ruling 201214007 on the basis that the ruling was "not in accord with the current views of the Service." ...more

12/11/2012 - IRS Wind Power

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