Energy & Utilities Tax

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If It Walks Like a Carbon Tax and Talks Like a Carbon Tax, (Then the GOP Hates It.)

On February 4, 2015, the White House released a fact sheet describing its efforts to create a “21st Century Clean Transportation System”. There’s a lot of interesting material in the plan, but all the headlines have been on...more

Kansas Tax Authority Confirms Only a Utility may Sell Power in Kansas

In its first opinion letter of the year, the Kansas Department of Revenue (DOR) confirmed that under Kansas law only a utility can sell power to a residential customer. The text of the letter references the request as being...more

Governor Baker Files FY2017 Budget, Economic Development Bill; Speaker DeLeo Outlines Agenda

With Beacon Hill off and running in the new year, Governor Charlie Baker and House Speaker Robert DeLeo this week unveiled key parts of their policy agendas for 2016. As part of his second budget proposal since assuming...more

Washington Insight - January 2016

President Obama Delivers State of the Union Address - In his eighth and final State of the Union address, President Obama focused on his views of and hopes for the future beyond his last year in office. Rather than...more

Property Tax on Italian Photovoltaic Plants to Decrease Sharply

There is good news for owners of photovoltaic (PV) plants in Italy. In circular no. 2/E, released on 1 February 2016 (the circular), the Italian Revenue Agency has provided official guidance on new rules enacted by on 28...more

Solar Storm- Net Metering in Nevada

Battles over net energy metering (NEM) policy are currently raging nationwide, and are only expected to intensify in the face of the recent investment tax credit (ITC) extension. NEM, a state statute-based policy incentive...more

2016 Washington Preview

Having completed the first session of the 114th Congress, many in Washington are quickly turning toward the 2016 elections. In the coming year, the headlines will undoubtedly be dominated by electioneering but, after a...more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative long session on January 14 and adjourned September 30. Lawmakers will return to Raleigh for the short session April 25, 2016. The MVA Public Affairs Legislative Report on...more

Energy & Environment Update - January 2016 #2

Energy and Climate Debate - As Washington prepares for snow, energy issues continue to heat up in the second session of the 114th Congress. Senate Energy and Natural Resources Committee Chair Lisa Murkowski (R-AK),...more

Winds of Change for Alternative Energy Tax Incentives in 2016

Congress has some unfinished business on alternative energy policy, which may provide unusual legislative opportunities in an election year. While tax credits for wind and solar power received long-term extensions in the...more

Operator: Be Careful Handling Ad Valorem Taxes

This is to be expected in these dark days of diminished cash flow. Imagine: You are the operator and the non-ops have given you their share of ad valorem taxes, expecting you to pay them to the taxing authority at the right...more

Energy Insights: An Update from the Fourth Quarter of 2015

In this edition of Seyfarth Shaw’s Energy Insights Newsletter, our Energy and Clean Technologies team covers important developments in Q4 2015 for the energy industry including collateral tax benefits granted to YieldCos, the...more

Renewable Energy Update - January 2016 #2

Renewable Energy Focus - Clean Energy Got a Record $330 Billion in Investment Last Year - Fortune - Jan 14 Despite the plunge in oil prices, investors and governments around the world put $330 billion into clean...more

Energy Newsletter - January 2016

On 12 December 2015, nearly 200 countries reached an agreement that many have described as a historic turning point for global cooperation in addressing climate change. This article looks at the key elements of the Paris...more

Energy & Environment Update - January 2016

Energy and Climate Debate - Following weeks of intense negotiations, Congress approved the $1.1 trillion omnibus appropriations and $680 billion tax extenders package (H.R. 2029), which includes a long-term extension and...more

Win for Wind on Taxes: Federal Income Tax Wind Farm Production Credit Extended for 2015 through 2019 - "Phase-Out" Limits Credit...

Wind farm electric generation facilities in Oklahoma have received a favorable federal income tax credit extension. The federal income tax credit for production of electricity by a qualified facility from wind...more

Tax Update (Australia): Prospecting for Tax Deductions - The ATO Consolidates and Clarifies Its Views About When Exploration and...

The Commissioner of Taxation has released TR 2015/D4 - Income Tax: deductions for mining and petroleum exploration expenditure (Draft Ruling). The Draft Ruling will replace TR 98/23 - Income Tax: Mining exploration and...more

Omnibus Spending Bill Signed Into Law Includes Extension of Biofuel Tax Credit

On December 18, 2015, President Obama signed the omnibus spending bill, or Consolidated Appropriations Act, 2016, into law. The $1.1 trillion spending bill includes the retroactive extension of the $1 per gallon tax credit...more

Solar Installer Update: Commerce Issues Preliminary Results in the 2nd Administrative Review of 2012 Antidumping and...

On January 8, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Preliminary Results in the 2nd annual Administrative Review for the 2012 and...more

2016 Will Be a Happy New Year for Renewable Energy Tax Credits

Extended Deadlines Provide Greater Certainty for Projects - Congress and President Obama delivered an early holiday gift for the renewable energy industry with the passage of legislation that extends a number of tax...more

Congress Passes End of Year Spending Bill Including Repeal of the Oil Export Ban and Other Significant Energy Provisions

After weeks of intense negotiations and backroom tradeoffs, on Friday, December 18, Congress passed, and President Obama signed into law, a 2,000 page omnibus bill to fund the federal government for fiscal year 2016. The...more

MISO Proposes Interconnection Queue Reform To Address Continuing Delays

Midcontinent Independent System Operator (MISO) is proposing another round of interconnection queue reform. On December 31, 2015, MISO filed proposed revisions to its Open Access Transmission, Energy and Operating Reserve...more

Renewable Energy Industry Receives an Unexpected Gift of a Five-Year Extension of the ITC and PTC

On December 18, 2015, the President signed the Omnibus Appropriations Act (the “Act”) into law. Among the numerous changes in tax law contained in the Act are five-year extensions of the 30% investment tax credit (“ITC”),...more

Green Tax Incentive Compendium

GENERAL DESCRIPTION. The Federal Internal Revenue Code provides a business income tax credit in the amount of $0.023 (2015) per kilowatt hour of electricity produced from qualifying renewable resources during a ten-year...more

Congress and the President Find Their Way Along a PATH

As previously reported in the PK Law Newsletter, tax planning for the end of 2015 was hampered by the expiration of a number of “temporary” tax provisions routinely extended for a one or two year period by Congress. Congress...more

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