News & Analysis as of

Begun Construction Test Production Tax Credit

Pierce Atwood LLP

IRS Extends Production Tax Credit/Investment Tax Credit Safe Harbors

Pierce Atwood LLP on

On May 27, 2020, the IRS issued Notice 2020-41, which responds to industry-wide supply chain disruptions due to the COVID-19 pandemic by giving renewable energy developers additional time to complete their projects. Most...more

Mayer Brown

IRS Provides Start-of-Construction Relief for Renewables in Light of COVID-19

Mayer Brown on

On May 27, 2020, the US Internal Revenue Service (the “IRS”) released Notice 2020-41 (the “Notice”), updating the IRS guidance on the start-of-construction rules for the production tax credit (“PTC”) and energy investment tax...more

Skadden, Arps, Slate, Meagher & Flom LLP

IRS Provides Relief for Renewable Energy Developers Encountering Construction Delays

The Internal Revenue Service (IRS) recently released Notice 2020-41 (the Notice), providing important relief with respect to the beginning-of-construction requirement for the production tax credit (PTC) and the investment tax...more

White & Case LLP

Some Good News: New IRS Guidance for Renewable Energy Projects

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IRS Notice 2020-41 provides relief for renewable energy projects that began construction in 2016 or 2017 by extending the “continuity safe harbor” to a five-year period....more

Mintz - Energy & Sustainability Viewpoints

Treasury Extends Four-Year Continuity Safe Harbor to Five Years, Provides Safe Harbor for 3.5 Month Rule

Treasury has made good on its widely anticipated commitment to provide relief for investment tax credit (“ITC”) and production tax credit (“PTC”) projects adversely affected by COVID-19 by issuing Notice 2020-41, which (1)...more

White & Case LLP

Good News is Coming for Wind and Solar Projects: Potential Extension of the Construction Safe Harbor Period is Expected

White & Case LLP on

In a letter addressed to Senator Chuck Grassley, Chairman of the Senate Committee on Finance, Treasury indicates its intention to revise the rules governing the deadline for construction of wind and solar projects to qualify...more

Farella Braun + Martel LLP

Renewable Energy Roundtable Update in the Wake of COVID-19

The COVID-19 pandemic has resulted in widespread disruption of business and industry across California, including the state’s vibrant renewable energy and energy storage industry. Farella Braun + Martel attorneys are tracking...more

White & Case LLP

Extenders Bill – a small victory for Wind and a loss for Solar

White & Case LLP on

The production tax credit for renewable wind projects under Section 45 of the Internal Revenue Code of 1986 (the "PTC" and "Code") has been extended by one year pursuant to a 2019 year-end federal government budget...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Emergence of Utility-Owned Renewable Energy Under Build-Transfer Agreements

Electric utilities in the U.S. historically have been buyers and sellers, but not producers, of renewable energy. Largely due to tax and accounting constraints, vertically integrated, regulated utilities traditionally have...more

Foley & Lardner LLP

IRS Issues New Guidance on Beginning Construction Requirement For ITC

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The IRS recently issued Notice 2018-59 (the “Notice”) which provides clarification to “beginning of construction” for taxpayers seeking to take advantage of the section 48 renewable electricity investment tax credit (ITC) for...more

Eversheds Sutherland (US) LLP

The long-awaited “solar beginning of construction notice” - Notice 2018-59 provides guidance for solar and other section 48...

On June 22, 2018, the Internal Revenue Service (IRS) issued much-anticipated guidance to help developers of, and other industry participants in, solar, qualified fuel cell, qualified microturbine, combined heat and power,...more

Wilson Sonsini Goodrich & Rosati

IRS Issues Notice 2018-59: "Begun Construction" Guidance for the Investment Tax Credit

On June 22, 2018, the IRS issued Notice 2018-59 (ITC Guidance), providing long-awaited guidance on the "begun construction" requirements for facilities qualifying for the Section 48 investment tax credit (ITC). The ITC is a...more

Foley & Lardner LLP

IRS Issues New Guidance on the Beginning of Construction Safe Harbor For Renewable Energy Projects

Foley & Lardner LLP on

The IRS recently issued Notice 2017-4 (the “Notice”) which makes two important changes to its “beginning of construction” rules for taxpayers seeking to take advantage of the section 45 renewable electricity production tax...more

Eversheds Sutherland (US) LLP

IRS Further Updates Beginning of Construction Guidance for Renewable Energy Tax Credits

On December 15, 2016, the Internal Revenue Service (IRS) issued Notice 2017-04, which updates prior guidance regarding the beginning of construction requirement for renewable energy tax credits under IRC sections 45 and 48. ...more

McDermott Will & Emery

IRS Issues Additional Guidance on Beginning of Construction Rules for Renewable Projects

McDermott Will & Emery on

On December 15, 2016, the Internal Revenue Service released Notice 2017-04, which provides welcome guidance on how to meet the “beginning of construction” requirements for wind and other qualified facilities. There has been...more

Wilson Sonsini Goodrich & Rosati

IRS Issues Notice 2017-04, Further Clarifying and Extending the "Begun Construction" Requirements for ITCs and PTCs

On December 15, 2016, the IRS issued Notice 2017-04, which clarifies and extends certain "begun construction" requirements for facilities qualifying for the Section 45 production tax credit (PTC) for which construction must...more

Wilson Sonsini Goodrich & Rosati

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

Orrick, Herrington & Sutcliffe LLP

IRS Issues Further Guidance on “Start of Construction” Requirement for Renewable Energy Tax Credits, Including Continuity...

On May 5, 2016, the IRS released Notice 2016-31, which provides additional guidance on the “start of construction” requirements for the production tax credit (PTC) and investment tax credit (ITC) in lieu of the PTC. Notice...more

McDermott Will & Emery

IRS Revises Recent Begin Construction Guidance

McDermott Will & Emery on

On May 18, 2016, the Internal Revenue Service (IRS) revised Notice 2016-31 (Notice), its recent guidance on meeting the beginning of construction requirements for wind and other qualified facilities (including biomass,...more

Mintz

Renewable Energy Tax Credits: Recent IRS Notice Favorable to the Renewable Energy Industry

Mintz on

On May 5, 2016, the IRS released new guidance regarding the renewable energy production tax credit (“PTC”) and energy investment tax credit (“ITC”) which most in the renewable energy industry will find favorable. ...more

Latham & Watkins LLP

IRS Issues Additional Guidance on “Begun Construction” Requirement for Wind Energy Credits

Latham & Watkins LLP on

Latest guidance extends “continuity safe harbor” to four years and includes other taxpayer-friendly modifications and clarifications to existing guidance. On May 5, 2016, the Internal Revenue Service (IRS) issued...more

Skadden, Arps, Slate, Meagher & Flom LLP

"IRS Guidance Clarifies 'Begun Construction' Standard for Renewable Electricity Production Credit Property"

The Internal Revenue Service (IRS) has released welcome new guidance with respect to renewable electricity production and energy investment tax credits. A notice issued on May 5, 2016, reflects changes to the production tax...more

Wilson Sonsini Goodrich & Rosati

After Extension, IRS Clarifies "Begun Construction" Guidance for PTCs

Following last year's extension of the investment tax credit for qualifying projects for which construction begins prior to January 1, 2020, and of the production tax credit (PTC) with respect to certain facilities the...more

Foley & Lardner LLP

IRS Issues New Notice Extending Beginning of Construction Safe Harbor

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On May 5, 2016, the IRS issued Notice 2016-31 (the “Notice”) which revises previous guidance on satisfying the “beginning of construction” test in order to take advantage of the section 45 renewable electricity production tax...more

McDermott Will & Emery

What Must Be Done for Wind and Solar Projects to Have “Begun Construction” under the New PTC and ITC?

With the recent extension of the federal income tax credits available for renewable energy projects, practitioners and industry participants have raised questions as to how the “begun construction” rules will apply under...more

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