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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

Notice 2014-46 Provides Additional Guidance on Eligibility of Wind and Other Renewable Energy Facilities for the PTC or the ITC

On August 8, 2014, the Internal Revenue Service (IRS) released Notice 2014-46 (the “Notice”), which provides some important clarifications with respect to the requirement that construction of a project commence prior to...more

Sound Bites from REFF Wall Street

The Renewable Energy Finance Forum Wall Street was held on June 25 and 26. Below are selected sound bites about YieldCos, tax equity and the capital markets opportunities for renewables. This post was prepared without the...more

IRS Issues Notice on the Cash Grant Sequestration and Tax Attributes

Yesterday, the IRS issued a notice confirming the effects of the Cash Grant sequestration with respect to the tax attributes associated with the renewable energy projects that received the Cash Grant. Notice 2014-39 is...more

New Regulation for Exploration and Production of Hydrocarbons in Poland

On May 7, 2014, the Polish Parliament debated the next version of the bill to amend the Act on Mining and Geological Law of April 23, 2014 (the “Bill”). The Bill introduces new approaches with respect to the...more

Brownfield Legislation Passes 2014 Florida Legislative Session, Expanding Range of Redevelopment Tools

The Florida Legislature passed new Brownfield legislation in the 2014 legislative session that concluded in May 2014. The bill will be sent to Governor Rick Scott. If enacted into law, the legislation will expand the range of...more

Treasury Proposes REIT Solar Regulations but Excludes Most Common Transactions

On the same day as President Obama’s speech championing solar, the Department of the Treasury proposed regulations defining “real estate assets” for purposes of the definition of a real estate investment trust (REIT). The...more

Proposed IRS Regulations Would Qualify PV Modules as Real Property under REIT Rules in Certain Circumstances

On May 9, 2014, the Internal Revenue Service (IRS) issued proposed regulations that clarify the definition of real property for purposes of the real estate investment trust (REIT) provisions of the Internal Revenue Code....more

Northern States Power Company Issues 100 MW Solar RFP

Northern States Power Company (d/b/a Xcel Energy) released its long-awaited solar request for proposals (RFP) today. Although it had earlier suggested the RFP would be for up to 150 MW, today’s RFP seeks up to 100 MW of PV...more

Alabama Legislative Update - Week 10: As Session Moves Towards Close, Budgets Take Center Stage

The 2014 session of the Alabama Legislature is winding and grinding down as lawmakers hammer out the General Fund and Education Trust Fund budgets. Last week saw progress, albeit slow. ...more

Legislative Report – MLP Parity Act

What: The MLP Parity Act (the “Act”) is a bill currently before the U.S. Senate Committee on Finance seeking to expand Section 7704(d) of the Internal Revenue Code (which defines “qualifying income” for publicly traded...more

OCC Issues Interpretive Letter Concluding that Bank Investment in Company that Owns Renewable Energy Solar Project is Permissible

The OCC issued an interpretive letter (“Letter #1139”), in which the OCC concluded that a national bank (the “Bank”) could provide financing for a renewable energy solar project (the “Facility”) in which the financing was...more

Baucus Proposes Reforms to Energy Tax Incentives

Senate Finance Committee Chairman Max Baucus (D-MT) released a proposal on December 18 that would streamline energy tax incentives to make them more predictable and technology-neutral. The proposal consolidates several...more

California Utilities Poised to Commence Renewable Energy Procurement

At its November 14, 2013 Commission meeting, the California Public Utilities Commission (the “CPUC”) conditionally accepted the renewables portfolio standard (“RPS”) procurement plans filed by various California utilities....more

Sen. Sessions Pens Letter to Treasury Critical of SolarCity and 1603 Practices

In a letter dated November 18, Senator Jeff Sessions (R-AL) wrote Secretary of the Treasury Jacob Lew a critical letter with questions regarding the Cash Grant program, SolarCity’s purported practices and the investment tax...more

OCC Publishes Fact Sheet on Wind Tax Equity as Public Welfare Investments

The Office of the Comptroller of the Currency (OCC) at the end of October published a fact sheet to clarify the eligibility of wind tax equity investments as public welfare investments for national banks and federal savings...more

New Energy Finance Paper Discusses Tax Equity

America’s Power Plan describes itself as a “toolkit” for policymakers. The information that constitutes the toolkit is available below. Its energy finance paper was just published. The paper is available below. Below are...more

Do Wind Turbines Hurt Property Values?

As I last discussed in June, during the past few years, proximate property owners have increasingly raised complaints about the siting and operation of wind turbines in Massachusetts. This phenomenon is hardly unique to...more

AWEA’s Wall Street Conference – Sound Bites from Panelists

AWEA recently held its annual Wall Street conference. Below are selected sound bites from panelists speaking on September 10th about finance, the state of market for wind in the United States, and the health of the tax...more

Connecticut Selects Maine Wind Farm And Connecticut Solar Project For Long-Term Contracts For Energy And RECs

On September 20, 2013, Connecticut Governor Dannel P. Malloy announced that two renewable energy projects have signed long-term contracts as a result of the July 8, 2013 Connecticut Department of Energy and Environmental...more

Energy Tax Law Alert: IRS Clarifies "Beginning of Construction" Guidance

On September 20th, the IRS issued Notice 2013-60, which updates prior guidance, contained in Notice 2013-90, regarding the "begin-construction" requirement for the production tax credit (PTC) under Section 45 of the Internal...more

Treasury may be Planning to Issue More PTC “Start of Construction” Guidance

Yesterday, at the American Wind Energy Association’s Finance & Investment Seminar in Manhattan Attorney-Advisor Christopher Kelley of the U.S. Treasury, speaking on his own behalf, said that the Treasury and IRS are...more

SEIA Publishes White Paper on Fair Market Value for Income Tax Purposes

The Solar Energy Industry Association (SEIA) has published a white paper that addresses the income tax rules for determining fair market value. The white paper is available below....more

Senate Hearing on Extending the MLP Rules to Renewables

On July 31, 2013, the Senate Finance Subcommittee Energy, Natural Resources, and Infrastructure held a hearing on the Master Limited Partnership Parity Act (S. 765). The bill would extend the master limited partnership (MLP)...more

Treasury Tells Congress PTC Guidance Provides the Desired Degree of Certainty in the Marketplace

A letter from Treasury Assistant Secretary for Legislative Affairs Fitzpayne to Rep. Coffman (R-CO) dated June 17, 2013 addresses the IRS’ recent guidance with respect to the “beginning construction” requirement for PTC...more

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