Tax Finance & Banking Energy & Utilities

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EDGE Advisory: Focus on Corporate Renewables

Corporate renewable energy purchasing is one of the hottest topics in clean energy. Plummeting prices for wind and solar, an opportunity to reduce exposure to energy price volatility and requirements under voluntary climate...more

The Unwind: ‘I Don’t Want It’

In the inaugural column of ‘‘Power and Taxes,’’ we discussed the tensions surrounding the requirement that an investor be an owner when a project is placed in service in order to qualify for the investment tax credit under...more

Final Regulations Define “Real Property” for REITs: Considerations for Renewable Energy and Transmission Assets

The recently released final regulations are generally consistent with the 2014 proposed regulations in their treatment of renewable energy and transmission assets, with several useful clarifications provided. ...more

Tax Law Hampering Airport Improvements, Government Accountability Office Finds

Since 1970, the federal Airport and Airway Trust Fund (referred to as the Aviation Trust Fund) has been an important source of finance for airport improvements. But the fund has dwindled thanks to a 2006 law, passed to quell...more

FY 2017 Sequestration Reduction Percentage for Direct Pay Tax Credit Bonds Set at 6.9 Percent

According to an update released by The IRS Office of Tax Exempt Bonds (TEB), the sequester reduction percentage applied to the payments made to issuers of direct pay bonds in FY 2017 will be 6.9 percent. This percentage will...more

IRS Issues Proposed Rules on Income Inclusion under Section 50(d)(5)

The IRS just published long-awaited temporary regulations under section 1.50-1T governing the section 50(d)(5) income inclusion rules. These rules apply to lessees of investment credit property when the lessor elects to treat...more

D.C. Circuit Questions FERC’s Policy Statement on Income Tax Allowances

On July 1, the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in United Airlines, Inc., et al. v. FERC. This oil pipeline rate case appeal involves SFPP, L.P., a pipeline organized as a limited...more

2015-16 New York State Budget

On April 13, 2016, Governor Andrew M. Cuomo signed the 2016-17 New York State Budget into law. We summarize the highlights of the revenue provisions below....more

Three Key Takeaways from NAFOA's 34th Annual Conference

The Native American Finance Officers Association (NAFOA) held its 34th annual conference on April 17-20, 2016, at the Gila River Indian Community's Sheraton Wild Horse Pass Resort in Phoenix. NAFOA is a national non-profit...more

UK Budget 2016: Oil and Gas Taxation

Against the backdrop of higher development costs for aging oil and gas fields, depressed global oil prices and projections of slower global economic growth, the UK government announced significant tax cuts in its Budget 2016...more

Emerging Trends in Tax Credit Finance: Expansion of Renewable, Development, Housing Programs

On December 18, 2015, the landscape improved for individuals and businesses looking to invest in affordable housing, economic development and renewable energy projects. Congress passed and the President signed into law the...more

Question and Answer from the Tax Equity Structuring, Financial Modeling and HLBV Accounting Seminar

The tax equity investor invests to own only a portion of the production tax credits (PTCs) up front, since there is an unknown of the actual production levels of the wind farm. What does the project company do with the...more

Recent Developments Affecting Property Assessed Clean Energy (PACE) Loans

New Jersey Governor’s Conditional Veto Restricts New Jersey PACE, Florida’s Supreme Court Expands State’s PACE Market, Congress Extends the Federal Investment Tax Credit and States Reduce Effectiveness of Net-Metering...more

Saudi Arabia Update - February 2016

Legal developments - Local partner requirement reported to cease - Saudi Arabia seeks to draw investors to help reduce its reliance on oil exports and aims to facilitate foreign companies' investment in its market....more

Tax Equity Structuring, Financial Modeling and HLBV Accounting

Akin Gump partner, David Burton and Alfa Business Advisors director, Vadim Ovchinnikov hosted a seminar on Tax Equity Structuring, Financial Modeling and HLBV Accounting yesterday. The seminar covered a variety of topics...more

Proposed Regulations Could Have a Substantial Effect on Special District Issuers, Especially Developer Districts

In an important development for special districts, including water districts, road districts, and other utility districts, on February 22, 2016, the Internal Revenue Service (“IRS”) released proposed Treasury Regulations (the...more

Nigerian Power Sector: Opportunities and Challenges for Investment in 2016

A summary of the existing power sector in Nigeria, current key initiatives, and opportunities and challenges for developers, investors and lenders. Introduction - During the launch of Power Africa in 2013, President...more

Restructuring Oil and Gas Partnership Debt? Tax Planning Is Key

Tax partnerships, including MLPs, seeking to restructure debt face peril and possibility during challenging times. With the lowest oil prices in more than a decade and the equity markets effectively closed to them, oil...more

Tax Equity Market Insights from the Infocast Wind Finance Conference

Below are selected insights from the Infocast Wind Finance conference last week in San Diego. First, as an indicator of the overall interest in wind finance, the conference had twice as many registrants as last year. The...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

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

PATH Act Extends Key Tax Provisions for Businesses and Individuals; Many Extenders Made Permanent

On December 18, 2015, the President signed into law the Protecting Americans from Tax Hikes Act of 2015, HR 2029, PL 114-113 (the “PATH Act”), which extends or makes permanent over fifty (50) expiring tax provisions relating...more

New Tax Incentives for Early Stage Investment

On 7 December 2015, the Federal Government released an Innovation Statement which included important tax concessions aimed at making early stage investment more attractive. The concessions are expected to commence from 1 July...more

Infrastructure, Energy and Land: Russia’s renewed focus on the development of the Russian Far East

Over the past two years, Russia has expressed its intent to significantly increase investment opportunities in the Russian Far East including in the areas of infrastructure development, ship and oil rig building, trade,...more

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