The IRS yesterday released Announcement 2022-23, which sets forth the new rate for the production tax credit (PTC) under Section 45 for facilities that are placed in service after December 31, 2021. The rate is 2.75 cents per...more
The Inflation Reduction Act of 2022 (the “IRA”), which was signed into law on Tuesday, August 16, 2022, includes an investment of over $369 billion in energy security and climate change. There has been a lot of discussion...more
Last Wednesday night, after weeks of negotiations, US Senators Joe Manchin and Chuck Schumer reached a deal on an energy and healthcare bill titled the Inflation Reduction Act of 2022 (the “Act”). The Act includes extensive...more
8/4/2022
/ Energy Policy ,
Energy Projects ,
Energy Reform ,
Green Energy ,
Infrastructure ,
Investment Tax Credits ,
Legislative Agendas ,
Production Tax Credit ,
Proposed Legislation ,
Renewable Energy ,
Tax Incentives
On April 14, 2022, the US Internal Revenue Service (IRS) published a notice that provides the inflation-adjustment factor and reference price for the calculation of renewable electricity production tax credits (PTCs) under...more
5/6/2022
/ Biomass ,
Critical Infrastructure Sectors ,
Energy Projects ,
Geothermal Energy ,
Inflation Adjustments ,
Internal Revenue Code (IRC) ,
IRS ,
Production Tax Credit ,
Renewable Energy ,
Tax Credits ,
Tax Planning ,
Wind Power
On April 14, 2022, the US Internal Revenue Service (IRS) published a notice, which provides the inflation-adjustment factor and reference price for the calculation of renewable electricity production tax credits (PTCs) under...more
The new year has only just begun, and it is already shaping up to be another exciting one for the energy transition. In the US and elsewhere, governments, traditional and non-traditional energy corporations, and investors are...more
3/11/2022
/ Biden Administration ,
BOEM ,
Economic Development ,
Electric Generation Suppliers ,
Energy Policy ,
Energy Projects ,
Environmental Impact Statements ,
Environmental Policies ,
Infrastructure ,
Offshore Wind ,
Renewable Energy ,
Wind Power
On the night of September 10, 2021, the House Ways and Means Committee (the “Committee”) released legislative text covering a range of green energy tax incentives (the “Bill”) that it hopes will be enacted through the budget...more
9/14/2021
/ Energy Policy ,
Energy Projects ,
Energy Reform ,
Green Energy ,
Infrastructure ,
Investment Tax Credits ,
Legislative Agendas ,
Production Tax Credit ,
Proposed Legislation ,
Renewable Energy ,
Tax Incentives
On July 1, 2021, the US Internal Revenue Service (the “IRS”) released Revenue Ruling 2021-13 (the “Ruling”), which provides additional guidance on the definition of “carbon capture equipment” for purposes of the carbon...more
On July 1, 2021, the US Internal Revenue Service (the “IRS”) released Revenue Ruling 2021-13 (the “Ruling”), which provides additional guidance on the definition of “carbon capture equipment” for purposes of the carbon...more
On June 29, 2021, the US Internal Revenue Service (the “IRS”) released Notice 2021-41 (the “Notice”), extending and enhancing previous relief given by the IRS pursuant to Notice 2020-41 (the “Previous Notice”) on the...more
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
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
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
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 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