There are several state legislative proposals in Texas that could have adverse impacts on the development and operation of renewable energy projects in Texas....more
The American Jobs Plan -
On March 31, 2021, the Biden administration released the American Jobs Plan (the “Infrastructure Plan”), which is a proposal that, if ultimately enacted, aims to modernize outdated infrastructure,...more
4/6/2021
/ Biden Administration ,
Carbon Capture and Sequestration ,
Climate Change ,
Electric Vehicles ,
Energy Policy ,
Infrastructure ,
Investment Tax Credits ,
Oil & Gas ,
Orphan Wells ,
Power Grid ,
Production Tax Credit ,
Tax Reform
The American Jobs Plan -
On March 31, 2021, the Biden administration released the American Jobs Plan (the “Infrastructure Plan”), which is a proposal that, if ultimately enacted, aims to modernize outdated infrastructure,...more
4/2/2021
/ Biden Administration ,
Clean Energy ,
Corporate Taxes ,
Electric Vehicles ,
Energy Policy ,
Income Taxes ,
Infrastructure ,
Investment ,
Mining ,
Next Generation ,
Oil & Gas ,
Power Infrastructure ,
Tax Credits ,
Tax Planning ,
Tax Reform
On December 31, 2020, the IRS released Notice 2021-05 (the “Notice”) on its website, in its advance of its official publication. As discussed in our earlier blog post, the Notice provides favorable guidance for offshore...more
On January 6, 2021, the US Internal Revenue Service (the “IRS”) issued final regulations (T.D. 9944) (the “Final Regulations”) on the Section 45Q carbon capture tax credit (the “Carbon Credit”). The Final Regulations...more
1/12/2021
/ Carbon Capture and Sequestration ,
Carbon Emissions ,
Critical Infrastructure Sectors ,
Energy Projects ,
Greenhouse Gas Emissions ,
Internal Revenue Code (IRC) ,
Investors ,
IRS ,
Revenue Procedures ,
Tax Credits ,
Tax Planning ,
Urban Planning & Development
On Monday, December 21, 2020, the United States Congress passed a second large stimulus bill (the “Relief Bill”) aimed at curtailing the economic disruptions caused by COVID-19. ...more
1/7/2021
/ Carbon Capture and Sequestration ,
Clean Energy ,
Energy Projects ,
Energy Tax Incentives ,
Investment Tax Credits ,
Production Tax Credit ,
Renewable Energy ,
Renewable Energy Incentives ,
Solar Energy ,
Tax Credits ,
Wind Power
The IRS yesterday released final regulations under Section 45Q regarding the carbon capture tax credit....more
On December 31, 2020, the US Treasury Department and the Internal Revenue Service (the “IRS”) issued Notice 2021-05 (the “Notice”), which provides relief for offshore renewable energy projects and renewable projects...more
1/5/2021
/ Consolidated Appropriations Act (CAA) ,
Energy Projects ,
Energy Tax Incentives ,
Investment Tax Credits ,
IRS ,
Offshore Wind ,
Production Tax Credit ,
Renewable Energy ,
Renewable Energy Incentives ,
Safe Harbors ,
Solar Energy
On Monday, December 21, 2020, the United States Congress passed a second large stimulus bill (the “Relief Bill”) aimed at curtailing the economic disruptions caused by COVID-19. The Relief Bill, among other things, extends...more
Last night, Congressional leaders announced an agreement on a $900 billion COVID relief bill. While the text of the bill has not been released as of this writing, people familiar with the negotiations have indicated that the...more
12/21/2020
/ Biofuel ,
Carbon Capture and Sequestration ,
Coronavirus/COVID-19 ,
Electric Vehicles ,
Energy Projects ,
Energy Tax Incentives ,
Financial Stimulus ,
Infectious Diseases ,
Infrastructure ,
Investment Tax Credits ,
Production Tax Credit ,
Relief Measures ,
Renewable Energy ,
Renewable Energy Incentives ,
Solar Energy ,
Wind Power
Treasury and the IRS have issued proposed regulations on the revised carbon capture credit under Section 45Q....more
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
5/31/2020
/ Begun Construction Test ,
Energy Projects ,
Investment Tax Credits ,
IRS ,
Popular ,
Production Tax Credit ,
Qualified Energy Facilities ,
Renewable Energy ,
Safe Harbors ,
Solar Energy ,
Tax Credits ,
Wind Power
On May 12, 2020, the US Internal Revenue Service (IRS) released a notice providing the inflation-adjustment factors and reference prices for the calculation of renewable electricity production tax credits (PTCs) under...more
The U.S. Department of Treasury plans to modify the rules regarding the continuity safe harbor for the start-of-construction rules under Treasury guidance for the production tax credit (PTC) and energy investment tax credit...more
Background -
As the COVID-19 pandemic continues to disrupt project development timelines generally, solar and wind projects that rely on federal income tax credits to obtain financing are particularly sensitive to...more
5/7/2020
/ Coronavirus/COVID-19 ,
Energy Projects ,
Infrastructure ,
Investment Tax Credits ,
IRS ,
Popular ,
Production Tax Credit ,
Renewable Energy ,
Safe Harbors ,
Solar Energy ,
Tax Planning ,
Wind Power
On July 17, 2019, the US Internal Revenue Service (IRS) issued final regulations (T.D. 9872) providing guidance on the rules under Internal Revenue Code (IRC) section 50(d)(5) requiring an income inclusion by the lessee in...more
7/22/2019
/ Corporate Taxes ,
Income Taxes ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
Leases ,
New Regulations ,
Pass-Through Entities ,
Public Comment ,
Real Estate Investments ,
Regulatory Requirements ,
Tax Credits ,
Tax Cuts and Jobs Act ,
Tax Planning
On June 6, 2019, the US Internal Revenue Service (IRS) published a notice providing the inflation-adjustment factors and reference prices for the calculation of renewable electricity production tax credits (PTCs) under...more
In September, the State of Hawaii Department of Taxation issued a letter ruling (Hawaii Letter Ruling No. 2018-01) that clarified the “placed in service” requirement in the application of the Renewable Energy Technologies...more
In 2017, Maryland, with Governor Larry Hogan’s (R) support, became the first state in the country to launch a tax credit program for energy storage systems. ...more
We have published our Legal Update on the Federal Circuit’s opinion in the Alta Wind case involving the calculation of eligible basis for 1603 Treasury cash grant purposes. The 1603 Treasury cash grant rules “mimic” the...more
9/11/2018
/ 1603 Grants ,
Acquisitions ,
Appeals ,
Energy Projects ,
Energy Sector ,
Energy Tax Incentives ,
Investment Tax Credits ,
Power Purchase Agreements ,
Production Tax Credit ,
Remand ,
Renewable Energy ,
Utilities Sector ,
Vacated ,
Wind Power
On June 22, 2018, the IRS released Notice 2018-59 (the “Guidance”). The Guidance provides rules to determine when construction begins with respect to investment tax credit (“ITC”) eligible property, such as solar projects. ...more
In a recent case, the Tax Court ruled in the taxpayer’s favor as to three California distributed generation solar projects’ eligibility for the energy credit under Section 48 and bonus depreciation under Section 168. ...more
A Word About Wind has published our article What Is the Impact of Tax Reform on US Wind Tax Equity Deals? in its blog (subscription required) and newsletter. ...more
1/19/2018
/ Base Erosion Tax ,
Bonus Depreciation ,
Business Taxes ,
Compensation & Benefits ,
Corporate Taxes ,
Energy Projects ,
Energy Sector ,
Infrastructure ,
Investment Tax Credits ,
Partnerships ,
Popular ,
Production Tax Credit ,
Renewable Energy ,
Tax Deductions ,
Tax Equity ,
Tax Planning ,
Tax Rates ,
Tax Reform ,
Trump Administration ,
Wind Power
Yesterday, the House voted 227 to 303 in favor of the tax reform bill agreed to by the conference committee. No Democrats voted for the House bill, and 12 Republicans from high tax states voted against it. The Senate was...more
12/21/2017
/ Alternative Minimum Tax ,
Corporate Taxes ,
Energy Sector ,
Investment Tax Credits ,
Legislative Agendas ,
MACRS ,
Power Purchase Agreements ,
Production Tax Credit ,
Proposed Legislation ,
Renewable Energy ,
Tax Credits ,
Tax Reform ,
Trump Administration
The US tax reform bill that the Senate passed on December 2, 2017—along partisan lines in a 51 to 49 vote—is a mixed bag for the tax equity market. The bill is now headed to the conference committee, consisting of House of...more
12/7/2017
/ Alternative Minimum Tax ,
Corporate Taxes ,
Investment Tax Credits ,
Legislative Agendas ,
Monetization ,
Production Tax Credit ,
Proposed Legislation ,
Renewable Energy ,
Tax Credits ,
Tax Equity ,
Tax Reform ,
Trump Administration