News & Analysis as of

Begun Construction Test Tax Credits

Pierce Atwood LLP

IRS Extends Production Tax Credit/Investment Tax Credit Safe Harbors

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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

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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

Latham & Watkins LLP

Carbon Capture Industry Receives Long-Awaited 45Q Tax Credit Guidance

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The IRS addressed key commercial and technical issues regarding the development and financing of carbon capture and sequestration projects. Key Points: ..The IRS released the first two of three anticipated guidance...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

Eversheds Sutherland (US) LLP

IRS Updates Beginning of Construction Guidance for Renewable Energy Tax Credits Extended by PATH Act

On May 5, 2016, the Internal Revenue Service (IRS) issued Notice 2016-31, which updates prior guidance regarding the beginning of construction requirement for IRC sections 45 and 48 renewable energy tax credits following...more

Stoel Rives LLP

IRS Likely to Supplement "Beginning Construction" Guidance

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As most of you are aware, Congress in the "American Taxpayer Relief Act of 2012" eliminated the "placed in service" deadline for purposes of the renewable energy tax credits. In its place, Congress required for purposes of...more

Ballard Spahr LLP

IRS Construction Deadline Guidance Highlights Disparate Treatment of Renewable Energy Technologies

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The IRS recently released guidance in the form of an IRS Notice implementing a rule change under the American Taxpayer Relief Act of 2012 concerning the construction deadline that renewable energy facilities must meet to...more

Eversheds Sutherland (US) LLP

Legal Alert: IRS Clarifies "Binding Written Contract" Definition in Renewable Energy Tax Credit Begun Construction Guidance

On April 25, 2013, the Internal Revenue Service updated guidance issued on April 15, 2013, that explained how to satisfy the new “begun construction” requirement for the renewable energy section 45 production tax credit (PTC)...more

Morgan Lewis

IRS Releases “Start Construction” Guidance for Renewable Energy Facilities

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Long-awaited guidance regarding eligibility for production or investment tax credits largely tracks guidance under the Section 1603 cash grant program....more

Davis Wright Tremaine LLP

IRS Guidance on “Beginning of Construction” for ATRA 2012 Tax Credit Extensions

The IRS has issued guidance (Notice 2013-29) on satisfying the new “beginning of construction” requirement for the renewable energy production tax credit under Code Section 45 (PTC) and energy investment tax credit under Code...more

Wilson Sonsini Goodrich & Rosati

IRS Issues Notice on "Beginning of Construction" Requirement for PTC and ITC Purposes

On April 15, 2013, the IRS released Notice 2013-29, which addresses the requirement that construction of a qualified facility must begin before January 1, 2014, in order to be eligible for the renewable electricity production...more

Stinson LLP

Energy Alert: IRS Identifies Two "Begun Construction" Standards To Qualify For Two Tax Credit Opportunities

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The renewable electricity production tax credit and the energy investment tax credit currently offer taxpayers a tax credit for energy produced from qualified facilities. For the PTC, the tax credit covers a ten-year period....more

Troutman Pepper

Hot Topics for Waste-to-Energy Investors and Developers

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With the January 2013 extension of the Production Tax Credit for renewable energy projects, waste-to-energy deals are back on investor and developer's radar screens. Join partners from Pepper Hamilton LLP, Deloitte Financial...more

Troutman Pepper

Hot Topics for Waste-to-Energy Investors and Developers

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With the January 2013 extension of the Production Tax Credit for renewable energy projects, waste-to-energy deals are back on investor and developer's radar screens. Join partners from Pepper Hamilton LLP, Deloitte Financial...more

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