News & Analysis as of

Carbon Capture and Sequestration Energy Projects Production Tax Credit

Troutman Pepper Locke

Tax Credit Implications of the One Big Beautiful Bill Act

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On May 22, the U.S. House of Representatives passed an amended version of H.R. 1—the One Big Beautiful Bill Act (the Bill) — by a vote of 215-214. The House-passed version of the bill, slated to be considered by the Senate...more

King & Spalding

Treasury and IRS Issue Final Regulations Implementing Section 45V Clean Hydrogen Production Tax Credit

King & Spalding on

On January 3, 2025, the IRS and Treasury issued long-awaited final regulations (the “45V Final Regulations”) implementing the clean hydrogen production tax credit (the “45V Credit”) under Section 45V of the Internal Revenue...more

Holland & Knight LLP

Breaking Down the Section 45V Clean Hydrogen PTC Proposed Regulations

Holland & Knight LLP on

The U.S. Department of the Treasury and the IRS on Dec. 22, 2023, released proposed regulations regarding the production tax credit (PTC) for hydrogen under Section 45V of the Internal Revenue Code, as enacted by the...more

Cozen O'Connor

IRS Proposes Helpful Rules for Energy Tax Credits

Cozen O'Connor on

On November 22, 2023, the Internal Revenue Service published proposed regulations concerning Sections 48, 6417, and 6418. These proposed rules would affect the conditions for claiming energy credits, the amount of energy...more

Holland & Knight LLP

Treasury Department and IRS Release Direct Pay and Transferability Guidance

Holland & Knight LLP on

The U.S. Department of the Treasury and IRS on June 14, 2023, released two notices of proposed rulemaking (NOPRs) regarding the direct payment of tax credits under Section 6417 of the Internal Revenue Code (Elective Payment...more

Stinson - Government Contracting Matters

The Inflation Reduction Act’s Sowing of Biofuels for Future Harvests

The Inflation Reduction Act (IRA) is one of the most ambitious pieces of legislation yet aimed at combating climate change and promoting energy independence. Its proponents claim that it will reduce carbon emissions by 40%,...more

Pillsbury Winthrop Shaw Pittman LLP

IRS Provides Highly Anticipated Wage and Apprentice Guidance for Applicable Tax Credits under the Inflation Reduction Act

Publication of Notice 2022-61 starts the 60-day clock until projects that initially commence construction must comply with the new requirements. On November 30, 2022, the Internal Revenue Service (IRS) published Notice...more

BakerHostetler

What's in It for Me: The Inflation Reduction Act's Clean Energy Tax Credits

BakerHostetler on

Key Takeaways: ..Recently enacted direct pay and transfer provisions apply to certain clean energy tax credits. These provisions will have a significant impact on how taxpayers can monetize these tax credits and, in...more

Eversheds Sutherland (US) LLP

Inflation Reduction Act of 2022: The energy tax provisions you need to know about

​​​​​​​The Inflation Reduction Act of 2022 (the Act) runs 725 pages and includes numerous energy tax provisions aimed at enhancing US energy security. The Act, if enacted, would extend and expand the renewable and alternative...more

Eversheds Sutherland (US) LLP

FY 2022 Green Book goes big for green energy

On May 28, 2021, Treasury released the General Explanations of the Administration’s Fiscal Year 2022 Revenue Proposals, more commonly referred to as the Green Book. The issuance of the Green Book provides further detail on...more

McDermott Will & Emery

Key Takeaways | The Energy Market in 2021: Legislative Update on Renewable Energy Tax Incentive

McDermott Will & Emery on

The energy market has undergone significant change in the past 12 months, with even more on the horizon. Our webinar series explores how these changes have shaped—and will continue to impact—the energy industry, including...more

McDermott Will & Emery

[Webinar] The Energy Market In 2021: From Crisis To Opportunity | Legislative Update On Renewable Energy Tax Incentives - May...

McDermott Will & Emery on

The energy market has undergone significant change in the past 12 months, with even more on the horizon. Join us for a webinar series as we explore how these changes have shaped—and will continue to impact—the energy...more

Holland & Hart LLP

Will Congress Recast the Economics of Renewable Energy Project Development and Investment?

Holland & Hart LLP on

As the 117th Congress works to enact legislation implementing President Biden’s “Build Back Better Recovery Plan,” extending and expanding current renewable energy tax incentives will be an integral part of the discussion....more

Latham & Watkins LLP

Capitalizing on Renewable Energy Investments Under the Biden Administration

Latham & Watkins LLP on

It is still speculative as to what President Biden will put forward for promoting increased investment in renewable energy. Latham & Watkins attorneys explain how investment funds with a firm grasp of key structural...more

Mintz - Energy & Sustainability Viewpoints

Highlights of the Section 45Q Final Regulations

On January 6, 2021, the IRS issued T.D. 9944 (the “Final Regulations”), which finalizes the proposed regulations under section 45Q (the “Proposed Regulations”) that were issued in REG-112339-19 on May 28, 2020 and discussed...more

Orrick, Herrington & Sutcliffe LLP

IRS Finalizes Guidance Relating to Carbon Capture and Sequestration

On January 6, 2021, the IRS issued final regulations relating to section 45Q. This is the fourth piece of guidance from the IRS relating to section 45Q, following IRS Notice 2020-12, Revenue Procedure 2020-12, the Proposed...more

Mayer Brown

Solar and Wind Tax Credits Extended, Again

Mayer Brown on

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

Latham & Watkins LLP

COVID-19 Tax Relief Package Extends Renewable Power and Carbon Capture Tax Credits

Latham & Watkins LLP on

Congress extends tax credits for certain renewables, and expands tax credits for offshore wind and waste energy recovery. Key Points: ..Production tax credits for onshore and offshore wind projects are extended at a 60%...more

Mayer Brown

Covid-19 Relief Legislation to Have Extenders for Renewables

Mayer Brown on

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

Mintz - Energy & Sustainability Viewpoints

Revisiting Rev. Proc. 2007-65 via Rev. Proc. 2020-12: What Can the Carbon Capture Credit Guidance Tell Us About Wind Partnership...

Earlier in the year, the IRS released Revenue Procedure 2020-12, which establishes a safe harbor for the allocation of section 45Q credits in so-called “partnership flip structures” and the equity treatment of tax equity...more

Akin Gump Strauss Hauer & Feld LLP

Carbon Capture, Use, and Sequestration: Proposed Regulations Enable Taxpayers to Accelerate Projects

The Treasury Department and Internal Revenue Service (IRS) issued Proposed Regulations for carbon sequestration tax credits—under Section 45Q—addressing recapture risk and the availability of the credit when carbon is...more

Sheppard Mullin Richter & Hampton LLP

New IRS Guidance on Section 45Q Carbon Capture and Sequestration Tax Credits: Key Preliminary Takeaways for Potential Market...

On February 19, 2020, the IRS published two guidance documents... of significant legal and commercial importance to the nascent market for carbon capture and sequestration production tax credits set forth in Section 45Q of...more

Morgan Lewis

IRS Releases Critical Guidance on Carbon Capture Tax Credits

Morgan Lewis on

The guidance issued on February 19 by the Internal Revenue Service is the type that the carbon capture and storage industry had sought, and will hopefully open up the market for investment by eliminating tax-related...more

McDermott Will & Emery

IRS Releases Initial Section 45Q Carbon Sequestration Credit Guidance

McDermott Will & Emery on

Treasury and the IRS released initial guidance on the amended Section 45Q carbon oxide sequestration credit on February 19, 2020. Notice 2020-12 and Revenue Procedure 2020-12 provide guidance relating to the beginning of...more

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