Treasury Department Posts Application For Determination Of Beginning Of Construction

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The Treasury Department recently released a form to be used to obtain a determination that the construction of “specified energy property” began during 2009 or 2010 (and thus that the property may qualify for a cash grant under Section 1603 of the American Recovery and Reinvestment Act of 2009, P.L. 111-5, even though it will be placed in service after December 31, 2010). Treasury previously issued guidance on the cash grant program, including a set of frequently asked questions (FAQs) regarding the beginning of construction. The previous guidance stated that Treasury would provide a response to a grant application submitted to demonstrate that construction has begun, but did not provide a form of application specifically for that purpose. The grant application form previously issued by Treasury contained instructions for submitting an application to demonstrate that construction began in 2009 or 2010, but the new form is tailored to determine whether construction has begun.

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