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U.S. Senate Introduces the Clean Energy for America Act

On April 21, 2021, U.S. Senate Finance Committee Chairman Ron Wyden (D-Ore.) and 24 Democratic senators introduced the Clean Energy for America Act, which proposes to consolidate the current energy tax incentives available...more

Biden Proposes American Jobs Plan: Renewable Energy Initiatives

On March 31, 2021, President Biden released a fact sheet on his proposed $2.3 trillion initiative known as the American Jobs Plan. The plan includes spending to upgrade the electric grid and promote renewable energy....more

Texas in Crisis: Energy Industry Braces for Perfect Storm

Texas continues to brace itself for another winter storm after already being debilitated by ice, snow and cold. Snow blankets the roads making visibility difficult, and thousands of flights in and out of the state have been...more

President Biden’s Energy Policy: Early Executive Orders and Key Rapid Regulatory Changes

After setting lofty climate change goals and promising a clean energy revolution, the Biden administration is expected to move quickly in its first hundred days to restore regulations and revamp agencies. This alert...more

Carbon Capture Tax Credits — IRS Issues Final Treasury Regulations

The U.S. Department of the Treasury and IRS recently issued final regulations regarding carbon capture tax credits under section 45Q of the Internal Revenue Code, which amend and clarify the proposed regulations issued last...more

Continuity Safe Harbor Extended for Offshore Wind, Renewable Energy Projects on Federal Land

The IRS recently issued Notice 2021-05, which extends the continuity safe harbor to 10 years for offshore wind projects and renewable energy projects constructed on federal land. Under prior IRS guidance, most renewable...more

New Tax Extender Legislation Passed for Renewable Energy, Carbon Capture Projects

On Dec. 21, 2020, the U.S. House of Representatives and Senate passed a year-end tax package, which would extend certain tax credits for renewable energy and other tax incentives. The bill was sent to President Trump for his...more

IRS Proposes Regulations for Carbon Capture Tax Credit

On May 28, 2020, the IRS issued proposed regulations regarding carbon capture tax credits under Section 45Q of the Internal Revenue Code. The proposed regulations provide rules on secure geological storage, credit recapture,...more

Wind PTC and Solar ITC Gain COVID-19 Construction Relief From IRS

On May 27, 2020, the Internal Revenue Service issued Notice 2020-41, providing taxpayers with relief for purposes of satisfying the beginning-of-construction requirement for qualifying production tax credit (PTC) and...more

IRS Provides Carbon Capture Tax Credit Guidance and Safe Harbor

On Feb. 20, 2020, the IRS issued Notice 2020-12 and Revenue Procedure 2020-12 regarding carbon capture tax credits (IRC Section 45Q). Notice 2020-12 (the begin construction notice) provides guidance to determine when...more

Wind PTCs Get One-Year Extension, Other Tax Extenders Signed Into Law

On Dec. 20, 2019, President Trump signed into law the Further Consolidated Appropriations Act of 2020, which extended or renewed certain expired or expiring tax credits and other tax incentives. Of importance in this act is a...more

Lawmakers to Vote on Tax Extenders Package: One-Year PTC Extension for Wind? Resurrected PTCs for Orphaned Tech?

On Dec. 17, 2019, the U.S. House of Representatives reached an agreement on a year-end tax package, which would extend or renew certain expired or expiring tax credits and other tax incentives. Some tax credits that had...more

2019 Tax Credit Inflation Adjustment Factor: 2.5 Cents per kWh for Wind Facilities

The Internal Revenue Service recently published its annual notice providing the inflation adjustment factors and reference prices used in determining the amount of production tax credits (PTCs) for renewable energy and...more

Beginning Construction Continuity Safe Harbor Extended for National Security Concerns

Earlier this month, the Internal Revenue Service issued Notice 2019-43, which modifies guidance provided in prior Notices 2013-29, 2013-60, 2014-46, 2015-25, 2016-31, 2017-04 and 2018-59 to provide that the continuity safe...more

Carbon Sequestration Tax Credits - IRS Requests Comment on Section 45Q Regulations

In February 2018, the tax credit for carbon capture and sequestration under Section 45Q of the Internal Revenue Code (the carbon sequestration credit) received a significant boost from Congress in the Bipartisan Budget Act of...more

New Opportunities Follow Expansion of Section 45Q Carbon Sequestration Credits

The recent enactment of the Bipartisan Budget Act of 2018 extended and significantly expanded the existing tax credit for carbon sequestration under Section 45Q of the Internal Revenue Code. Although the Section 45Q credit...more

IRS Provides Solar ITC Guidance on the Begin-Construction Requirement

On June 22, the IRS issued Notice 2018-59, providing guidance to determine when construction has begun on energy facilities, for purposes of the Section 48 investment tax credit. The long-awaited guidance follows changes...more

Budget Act Extends PTCs and ITCs for Certain “Orphaned” Technologies

On Feb. 9, President Trump signed into law the Bipartisan Budget Act of 2018. This piece of legislation is most notable for funding the U.S. government, but the Budget Act also provides valuable tax extenders for various...more

2017 Tax Act’s Impact on Real Estate Companies and Their Owners

On Dec. 22, President Donald Trump signed into law the 2017 Tax Act, “An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018” (H.R. 1). This...more

Tax Reform Bill’s Impact on Renewable Energy Projects

On December 22, 2017, President Donald Trump signed into law the tax reform bill, “An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018” (H.R.1). The...more

Tax Reform Law’s Impact on Businesses and Their Owners

On Dec. 22, President Donald Trump signed into law the tax reform bill, “An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018” (H.R. 1). This...more

President Signs Extender Package for PTC and ITC - Renewable Energy Tax Credits

Nearly two weeks ago, Congress passed the omnibus Consolidated Appropriations Act, 2016 (the “Omnibus Bill”), and the Protecting Americans from Tax Hikes Act of 2015 (the “Act”), both parts of a package that President Obama...more

IRS Extends Safe Harbor for Completion of PTC-Qualifying Facilities to Jan. 2017

Yesterday, March 11, 2015, the Internal Revenue Service issued Notice 2015-25, which extends by one year certain tests taxpayers can use to establish that a qualifying renewable energy facility is eligible for the production...more

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