News & Analysis as of

Energy Policy Internal Revenue Service

Cadwalader, Wickersham & Taft LLP

Energy Tax Credit Sales Stay Fully Charged Despite Uncertain Road Ahead

The Inflation Reduction Act of 2022 (the “IRA”) allows firms to develop and sell clean energy tax credits.  Now that most of the key guidance has been finalized, here is everything you need to know about energy tax credit...more

Mayer Brown

Outlook for Energy and Tax Policy in 2025

Mayer Brown on

While we await the outcome of the upcoming US elections, stakeholders in the energy tax and policy space should recognize that, regardless of the outcome of the election, there will be plenty of activity in the energy sector...more

Troutman Pepper

Treasury and IRS Release Updated Guidance on Energy Communities

Troutman Pepper on

On June 7, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2024-48. This notice includes lists of information that taxpayers may use to determine whether they meet certain requirements...more

Jones Day

Administration Finalizes Regulations on Clean Energy Tax Credit Transfers

Jones Day on

The Department of Treasury and the Internal Revenue Service issued final regulations on requirements for taxpayers selling clean energy tax credits....more

Foley Hoag LLP - Environmental Law

How Brown is Brown Enough? An Update on the IRA ITC Adder for Brownfield Sites

It is now almost 18 months since Congress enacted the Inflation Reduction Act. One of the IRA’s provisions was an adder to the ITC for renewable energy projects located in an “energy community”. One way to be in an energy...more

Paul Hastings LLP

Treasury Issues Proposed Regulations on the Definition of “Energy Property” and Rules Applicable to the Section 48 Energy Credit

Paul Hastings LLP on

The Inflation Reduction Act of 2022 made significant modifications and additions to the energy credit available under Section 48 of the U.S. Internal Revenue Code of 1986, as amended (the “Code” and such credit, the “Section...more

Akerman LLP

IRS Provides Long-Awaited Guidance Clarifying the Domestic Content Bonus Credit Requirements

Akerman LLP on

On Friday, May 12, 2023, the IRS released Notice 2023-38 (Notice) providing much needed guidance regarding the requirements to claim the new domestic content bonus credits available under Internal Revenue Code Sections 45,...more

Polsinelli

Hydrocarbon Tax Policy Trends

Polsinelli on

As governments focus on clean energy and carbon reduction initiatives, their oil and gas taxation policies have increasingly come under scrutiny. Polsinelli’s attorneys review a few overarching themes concerning expected...more

Morgan Lewis

Are Investment Tax Credit Changes in Store for Energy Storage?

Morgan Lewis on

The US energy storage industry is experiencing rapid growth, with approximately 3.5 gigawatt hours (GWh) of energy storage installed in 2020, which is greater than the aggregate 3.1 GWh of energy storage installed from 2013...more

Morgan Lewis

New Proposed Regulations Provide Clarity for Claiming Carbon Capture and Sequestration Tax Credits

Morgan Lewis on

In our previous LawFlash, we summarized the key provisions of the proposed regulations pertaining to the technical mechanical and associated measurement, reporting, and certification requirements for the Section 45Q credit. ...more

Morgan Lewis

New Laws And Regulations: Insights For 2020

Morgan Lewis on

A constantly evolving framework of laws governing how multinational businesses can contact customers to how nonprofits report business income to how overtime is calculated and paid will influence how companies do business...more

Mayer Brown

Senator Paul Requests Changes to the IRS’ “Beginning of Construction” Guidance for PTCs

Mayer Brown on

In a letter dated May 8, 2018, Senator Rand Paul (R-Ky.), in support of his state’s coal industry, urges the U.S. Department of Treasury (“Treasury”) to make significant changes to the existing “beginning of construction”...more

Holland & Knight LLP

House and Senate Tax Bills Target Renewable Energy Projects

Holland & Knight LLP on

The U.S. Senate passed its version of a bill to overhaul the U.S. tax code on Dec. 2, 2017, and is now working with the House of Representatives to reconcile its bill with the House's version, passed in November. The goal of...more

Mayer Brown

IRS Provides Safe Harbor for Solar Contracts with Federal Agencies

Mayer Brown on

On January 19, 2017, the US Internal Revenue Service (IRS) released Revenue Procedure 2017-19 (the “Rev. Proc.”) providing a safe harbor for certain alternative energy sales contracts with federal agencies to be treated as...more

Davis Wright Tremaine LLP

Additional IRS Guidance on Physical Work Test and Facility Transfers for Energy Tax Credits

The IRS has released additional guidance (Notice 2014-46) on the “beginning of construction” requirement for the renewable energy production tax credit under Code Section 45 (PTC) and energy investment tax credit under Code...more

Mintz - Energy & Sustainability Viewpoints

Proposed IRS Rule Could Allow Solar Energy REITs

President Obama announced on Friday several executive actions to advance clean energy. Among them, the Internal Revenue Service (IRS) will publish new regulations on May 14th clarifying that certain solar generating assets...more

Davis Wright Tremaine LLP

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

The IRS has released additional guidance (IRS Notice 2013-60) on satisfying the new “beginning of construction” requirement for the renewable energy production tax credit under Code Section 45 (PTC) and energy investment tax...more

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