Tax Energy & Utilities

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Mexico 2016 Tax Reform

The 2016 Tax Bill presented by the President to Congress on September 8, 2015 was approved almost in its original terms by both Chambers of Congress on October 29, 2015 and published in the Official Gazette of the Federation...more

Senator Stabenow Introduces Legislation To Provide Tax Credits For Renewable Chemical Production

On November 10, 2015, Senator Stabenow (D-MI), along with Senators Coons (D-DE) and Franken (D-MN), introduced S. 2271, the Renewable Chemicals Act of 2015 to the Senate. If passed, the bill would amend the Internal Revenue...more

Competition and Regulation Update: Storage in the National Electricity Market - Is the Grid Moving In?

Electricity storage at or above household scale will likely become economic within the next few years, as the cost of batteries come down and generous feed in tariffs slowly expire. Australia could be one of the world's...more

New Mining Code in Gabon to Give a Major Boost to Investments

“Gabon remains unexplored” is the conclusion of the Société Equatoriale des Mines (“SEM”), a wholly-owned State company created in 2011 to facilitate the development of the country’s natural resources. Developing the mining...more

Commonwealth Court Approves PA PUC’s Implementation of Distribution System Improvement Charge

The Commonwealth Court of Pennsylvania issued a decision on November 3, 2015, available here, that has significant implications for public utilities in Pennsylvania seeking to recover costs associated with distribution system...more

Building a bulwark around the Clean Power Plan

On August 3, 2015, President Obama unveiled highly anticipated final Clean Air Act rules to address carbon dioxide emissions from new and existing power plants. Taken together, EPA’s rules represent the most aggressive action...more

Rectification in a Tax Context: The Intention Standard Prevails

A drafting mistake in an agreement can result in significant and unintended tax consequences. In the recent case of Baytex Energy Ltd. v. Canada (Attorney General) (Baytex), the Court of Queen’s Bench of Alberta (Court)...more

Fibra E Trusts | Energy and Infrastructure Investment Vehicle

On 29 September 2015, the Fourth Set of Amendments to the Annual Tax Regulations for the 2015 fiscal year (“Tax Regulations”), which create and regulate a new investment vehicle called an energy and infrastructure investment...more

California Changes Tax Law To Allow For Biodiesel Tax Exemption

On October 4, 2015, California Governor Jerry Brown signed Assembly Bill No. 1032, an act to amend Sections 60501 and 60505.5 of the Revenue and Taxation code, relating to taxation, into law. The bill adds biodiesel to the...more

Tax Law Alert: Oregon Rulemaking Would Tax Electricity and Gas Sales by Non-Utilities Differently

The Oregon Department of Revenue is considering rulemaking that would affect whether sales to a “contracted point of delivery” in Oregon are taxed by Oregon vs. another state. “Public utilities” would continue to measure...more

Energy & Environment Update - October 2015 #2

Energy and Climate Debate - Congress is in recess this week for the Columbus Day holiday, but will return next week with full schedules in both chambers. The House will focus heavily on the leadership race to...more

Treasury Consults on Reforming the Business Energy Efficiency Tax Landscape

HM Treasury recently launched a consultation to seek views on its proposals to reform the business energy efficiency tax landscape, following the announcement by the Chancellor in the Summer Budget that energy policies and...more

Tax Policy Update

After Majority Leader Kevin McCarthy’s dramatic exit from the race last week, the House GOP conference is taking the week-long Columbus Day recess to do a bit of soul searching and reflect on the future of a party left in...more

Renewable Energy Update - October 2015 #2

Renewable Energy Focus: Governor Brown signs climate-change bill that calls for more renewable energy and energy efficiency: OC Register - Oct 7: California Governor Jerry Brown has signed SB350, an ambitious bill...more

Commenters Weigh in on Proposed Regulations for Determining MLP Qualifying Income

IRS’ proposed MLP regulations generate flurry of specific industry-related comments and spur public hearing. “I’m mad as Hell, and, frankly, I’m not going to take it anymore.” — Paraphrase of concerned citizen and...more

Energy & Environment Update - October 2015

Energy and Climate Debate - With Congress avoiding a government shutdown by passing a continuing resolution last week, both the House and Senate are in session this week with full schedules, including several energy and...more

Tax Review - September 2015

We are proud to present the next edition of our “Tax Review” which contains a selection of rulings and interpretations that had been issued or published in August 2015. We hope you will find the information provided here...more

Fibra E | Energy and Infrastructure Investment vehicle

On September 17, drafts of the Fourth Set of Amendments to the Annual Tax Regulations issued by the Ministry of Finance for the fiscal year 2015 (“Tax Regulations”)1and the amendments to the general provisions applicable to...more

Critical Deadline Approaches for Safe Harbor Application, Questions Remain

Last year, the North Carolina General Assembly delayed the repeal of the tax credit for investing in renewable energy property in N.C. Gen. Stat. § 105-129.16A. Under the delayed sunset, the credit is repealed for renewable...more

IRS Releases Favorable Guidance for Individual Investors in Community Solar to Claim Section 25D Tax Credit

The IRS recently issued a Private Letter Ruling (PLR) clarifying that an individual investor in a net-metered community solar project may claim the federal residential Investment Tax Credit (ITC) under Section 25D of the...more

Legislative Roundup on Energy from the New England States

On Thursday, September 10, The New England Clean Energy Council (NECEC) hosted its third annual Legislative Roundup. The event brought together clean energy advocates and technology developers from around the Northeast to...more

NC Legislative Update for September 2015 #2

This Week - The sole focus for both chambers this week was the budget. Last weekend, budget writers from the two chambers remained in Raleigh over the Labor Day weekend to continue negotiations. Significant progress was...more

Arizona Rooftop Solar Regulations Highlight Distributed Generation Debate

Sunny Arizona is again in the middle of a nationwide debate between solar companies and utilities. Legislation adopted in March 2015, and which goes into effect on January 1, 2016, mandate certain disclosures and formats for...more

New IRS Guidance May Promote Community Residential Solar Developments

On September 4, 2015, the Internal Revenue Service released a private letter ruling that could have meaningful impacts on the funding and development of certain residential solar developments, specifically community solar...more

NC Legislative Update for September 2015

This Week - There was little action taking place in public this week at the North Carolina General Assembly. Both chambers kept relatively sparse calendars and neither chamber held any Committee meetings. The low...more

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