News & Analysis as of

Italian Government Cuts Incentives for Photovoltaic Plants

The final wording is not yet official, and there may still be some last minute changes before its publication in the Official Gazette, but the Italian Ministry of Economic Development and the Ministry of Finance felt certain...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

Texas Supreme Court Issues Opinion with Implications for Power Purchase Agreements

The Texas Supreme Court recently issued an opinion with implications for negotiating terms in power purchase agreements in the renewable energy market. In FPL Energy LLC, et al. v. TXU Portfolio Management Co., LP, the Court...more

Renewable Energy Update

Renewable Energy Focus - U.S. Senate Committee votes to extend tax breaks for wind farms: Renewable Energy World News - Apr 4 -- U.S. wind farms would keep their treasured tax breaks as part of an $85 billion package...more

Renewable Energy Update -- March 4, 2014

Renewable Energy Focus - With $6.5 billion loan, nuclear energy gets new life in U.S. -- SustainableBusiness.com - Feb 24: Although Republicans lambasted Department of Energy (DOE) programs that support renewable energy...more

A Snapshot Of Baucus's Vision For Energy Tax Incentives

On Dec. 18, Senate Finance Committee Chairman Max Baucus, D-Mont., released a discussion draft of legislation that aims to reform U.S. energy tax incentives. The proposed energy tax incentives are a simpler set of incentives...more

Sweeping Overhaul of Federal Energy Tax Credits Is Unveiled

This week, Senator Max Baucus, the outgoing Chairman of the Senate Finance Committee who has been developing a comprehensive overhaul and simplification of the federal income tax, introduced a bill that would scrap 42...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

IRS Opens the Door to Expanded Use of Residential Section 25D Credit in Offsite Solar and Other Renewables Projects

The IRS has released new guidance (Notice 2013-70) (the “Guidance”) in the form of a Q-and-A interpreting tax credits available to individual taxpayers under IRC Section 25D (Residential Energy Efficient Property) (the “25D...more

Spotlight on Louisiana: Louisiana Legislature Reduces its Tax Credit for Wind and Solar Energy Systems

With the passage of Act No. 428 in the 2013 Regular Session (Act 428), the Louisiana Legislature made significant changes to the wind and solar energy systems income tax credits allowed by Louisiana Revised Statutes 47:6030...more

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

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

On September 20, 2013, the IRS released Notice 2013-60, which clarified Notice 2013-29. Each Notice addresses the requirement that construction of a qualified facility must begin before January 1, 2014, in order to be...more

Renewable Energy Update -- August 30, 2013

Renewable Energy Focus - FERC Chair Jon Wellinghoff: solar 'is going to overtake everything' -- Green Tech Solar News - Aug 22: If anybody doubts that federal energy regulators are aware of the rapidly changing...more

Senators’ Letter Defend Renewables in Tax Reform

Senator Jeffrey Merkley (D-OR) along with 26 of his Democratic colleagues and Angus King (I-ME) wrote to Senators Baucus and Hatch of the Finance Committee to advocate for renewable energy tax incentives in the context of tax...more

IRS Likely to Supplement "Beginning Construction" Guidance

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

Solar Project Has Dual Axis Tracking

Crain Hill Vineyard, north of Traverse City, is Michigan’s first 100 percent solar powered winery. ...more

Senator Grassley Proposes Repeal of Fossil Fuel Tax Incentives if any Renewables Tax Incentives Expire

The tax press is reporting comments made by Senator Grassley (R-IA) at a Department of Energy forum on biomass. Senator Grassley is reported to have said: “Congress should ‘do away with the incentives for oil’ tax breaks if...more

Energy And Environment Update -- July 1, 2013

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Energy; Department of Interior; Department of State; Department of Treasury; Environmental Protection Agency; International; States; and...more

An ITC For Storage – Bipartisan Support?

Both chambers of Congress have introduced bills that would provide investment tax credits for energy storage projects. Both bills even appear to have some (perhaps superficial) bipartisan support. In the Senate, the...more

Washington Energy Update - April/May 2013

In This Issue: - DOE Begins to Authorize Pending LNG Export Applications — Cautiously - Senators Want to Extend Master Limited Partnerships to Renewables - FERC Takes on Formula Rate Protocols - Energy...more

IRS Construction Deadline Guidance Highlights Disparate Treatment of Renewable Energy Technologies

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

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

IRS Issues “Begin Construction” Guidance for Renewable Energy Tax Credits

On April 15, 2013, the Internal Revenue Service (IRS) issued long-awaited guidance updating eligibility requirements for renewable project developers seeking to utilize the 2.3 cent/kWh Renewable Electricity Production Tax...more

IRS Releases “Start Construction” Guidance for Renewable Energy Facilities

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

Developers Rejoice! IRS Issues “Begun Construction” Guidance

On April 15, 2013, the IRS released Notice 2013-29 addressing the eligibility for certain alternative energy projects to qualify for the renewable electricity production tax credit (PTC) under section 45 of the Tax Code. This...more

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