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Environmental Commercial Real Estate Tax

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.

Oregon Targets Renewable Heating Companies for Increased Assessments

by Tonkon Torp LLP on

Biomass heating companies, which use renewable energy sources like wood, crop waste, or garbage to generate heat, will now come under central assessment in Oregon. Under central assessment, all of a company's property,...more

South Carolina Conservation Easements for Farm and Forestry Property

by McNair Law Firm, P.A. on

There are 12.9 million acres of commercial forestland in South Carolina. More than half of the forestland is family-owned, and 82% of private owners live on the land. The state also has about 25,000 farms, which encompass 4.9...more

Courts Issue Victories To Conservation Easement Donors

by Fox Rothschild LLP on

August brought three wins for taxpayers who donated conservation easements that were challenged by the IRS. In all of the cases, terms of the conservation easement deed document carried the day....more

Transformational Brownfield Projects Eligible for Substantial Tax Incentives Under Recently Enacted Legislation

by Miller Canfield on

Brownfield redevelopment authorities and developers and owners of transformational brownfield redevelopment projects are eligible for substantial tax incentives under legislation signed by Governor Snyder on June 8,...more

Conservation Easement Opportunities: Protecting Natural Resources While Receiving Tax Savings

by Ward and Smith, P.A. on

Conservation easements may be a great example of "doing well by doing good." They help conserve fish and wildlife, clean water, natural habitats, historic properties, farmland, and timberland. They also provide other public...more

Florida Building Owners Going Solar: Legal Considerations

As the cost of customer-sited solar power-generation plummets, more and more commercial and industrial electric customers are turning to solar power to cut their energy costs....more

Development of court practice regarding property tax on energy-efficient buildings

by Dentons on

On 16 September 2016 the Commercial Court of Kemerovo Region delivered a decision in case No. A27-13534/2016. In the context of the case, the court considered a dispute between OOO Novostroy and the Federal Tax Service...more

Solar Industry Update: Clearing the Path for More Solar in the Sunshine State

In yesterday’s primary election, Florida voters approved Amendment 4, granting the Florida Legislature’s request for authority to exempt the value of solar improvements from commercial property taxes....more

IRS Issues Proposed Rules on Income Inclusion under Section 50(d)(5)

by Foley & Lardner LLP on

The IRS just published long-awaited temporary regulations under section 1.50-1T governing the section 50(d)(5) income inclusion rules. These rules apply to lessees of investment credit property when the lessor elects to treat...more

"IRS Guidance Clarifies 'Begun Construction' Standard for Renewable Electricity Production Credit Property"

The Internal Revenue Service (IRS) has released welcome new guidance with respect to renewable electricity production and energy investment tax credits. A notice issued on May 5, 2016, reflects changes to the production tax...more

Can Solar Reboot Your Coal-Fired Plant Site?

by McCarter & English, LLP on

The future of coal-fired plants is not bright. With regulations weighing on them, many plant operators are powering down and asking themselves what’s next for their sites. Solar offers viable options for reusing a plant site....more

DEC Issues Revised Regulations to Enable More Properties to Qualify for BCP Tax Credits

On Wednesday, March 9, the New York State Department of Environmental Conservation (DEC) proposed to amend New York State's Brownfields law's implementing regulations to enable more properties to qualify for BCP tangible...more

Recent Developments Affecting Property Assessed Clean Energy (PACE) Loans

by Dechert LLP on

New Jersey Governor’s Conditional Veto Restricts New Jersey PACE, Florida’s Supreme Court Expands State’s PACE Market, Congress Extends the Federal Investment Tax Credit and States Reduce Effectiveness of Net-Metering...more

Property Tax And Valuation Topics - Summer 2015

by Pullman & Comley, LLC on

The Environment and Property Taxes - It seems that many stakeholders are trying to deal with climate change. Connecticut’s hundreds of miles of coastline along the Long Island Sound include many low-lying areas...more

Locke Lord QuickStudy: The New York Legislature Ends The Guessing - Brownfield Tax Credits Extended And Modified

by Locke Lord LLP on

On April 1, 2015, the New York Legislature passed a budget bill for fiscal year 2015-2016, which included numerous amendments (the Amendments) to the Brownfield Cleanup Program (BCP), a state program designed to incentivize...more

Environmental Contamination Can Significantly Impact the Merits of a Property Tax Appeal

by Cole Schotz on

The New Jersey Tax Court recently ruled in Methode Electronics, Inc. v. Twp. Of Willingboro, Docket Nos. 019012-2010 and 014098-2011 (Tax January 22, 2015) that the assessment on contaminated property located in Willingboro,...more

Environmental and Energy: Governor Vetoes Extension of Brownfield Cleanup Program Tax Credits (12/14)

by Bond Schoeneck & King PLLC on

On December 29, 2014, Governor Andrew Cuomo vetoed a bill that would have extended the availability of tax credits under New York State’s Brownfield Cleanup Program (BCP) until March 31, 2017....more

IRS Rules That Some Basis in Solar System Must Be Allocated to Structural Functions

On October 31, the IRS released Private Letter Ruling 201444025, which was addressed to a manufacturer of solar systems that are mounted on real estate. The nature of the real estate, along with many other interesting facts,...more

PACE Yourself

by Dechert LLP on

Property Assessed Clean Energy (PACE) loans allow property owners to finance clean energy improvements to their properties generally secured by property liens senior to mortgages through tax assessments. Moody’s recently...more

Gov. Cuomo Signs Law Extending Real Property Tax Abatement for Solar Power Installation

by Foley & Lardner LLP on

Governor Cuomo has signed into law a bill that extends real property tax breaks for installing electricity-generating solar panels on New York City buildings effective September 23, 2014. ...more

Texas Supreme Court Rejects State’s Use of Unclaimed Property Law to Usurp Private Right to Contract

by Reed Smith on

In a 5-to-4 decision, the Texas Supreme Court rebuffed the Texas attorney general’s attempt to undo a cy pres award using the state’s Unclaimed Property Act. The cy pres award was a result of a settlement between defendant...more

Recent Amendment Implements Important Changes to the Georgia Brownfield Program

Effective on July 1, House Bill 957 (2014) (the “Amendment”) amended the Georgia Brownfield Act, O.C.G.A. § 12-8-200 et seq. (the Act). The Amendment broadens applicability of the Act, expands the pool of eligible parties...more

NY Property Tax Exemption Extension for Renewable Systems

by Foley & Lardner LLP on

The New York legislature has passed a bill that extends a real property tax exemption for wind, solar and certain other energy systems until January 1, 2025. The bill provides that real property which includes an eligible...more

SB 871 Bumps Back Repeal of Solar Energy Exclusion by Eight Years

by Best Best & Krieger LLP on

Solar Energy Systems Will Continue to Be Excluded from Full Cash Value of Real Property - A new law extending the exclusion of solar energy systems from affecting the full cash value of real property for taxation...more

IRS Creates Narrow Distributed Generation Wind Opportunity for REITs

The IRS has opened the door a crack for real estate investment trusts (REITs) to be the lessors of wind projects. To qualify as a REIT, a corporation must satisfy a series of complicated tests that require the...more

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