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Jones Day

New "Beginning of Construction" Guidelines Issued for Wind and Solar Tax Credits

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The Internal Revenue Service ("IRS") has issued Notice 2025-42 to implement the One Big Beautiful Bill Act ("OBBBA") mandate to phase out the clean electricity production tax credit (§ 45Y) and investment tax credit (§ 48E)...more

Troutman Pepper Locke

IRS Issues Final Regulations on Energy Property and Rules Applicable to Energy Credit Under Section 48

Troutman Pepper Locke on

On December 4, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) released final regulations providing further guidance in determining whether property is energy property and eligible for the Investment...more

DarrowEverett LLP

How Renewable Energy Developers Can Maximize ITC Value In Deal-Making

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On August 16, 2022, President Joe Biden signed into law the Inflation Reduction Act of 2022 (the “Act”). Among other things, the Act has notable consequences for the renewable energy industry, including restoring the...more

McDermott Will & Schulte

IRS Issues Critical Wage and Apprenticeship Guidance under Inflation Reduction Act of 2022

McDermott Will & Schulte on

The US Department of the Treasury just released its guidance on the labor requirements that must be fulfilled in order to maintain the credit for the full amount for clean energy and infrastructure projects under the...more

Gould + Ratner LLP

IRS Notice Provides Relief for Renewable Energy Construction Projects

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As we discussed in a previous article, the renewable energy industry is experiencing record growth. President Biden’s current initiatives are also expected to provide an additional boost to accelerate future growth in clean...more

Pillsbury Winthrop Shaw Pittman LLP

IRS Extends Continuity Safe Harbor for Renewable Energy Projects

The IRS issues anticipated guidance providing relief to developers facing delays related to COVID-19. Delayed renewable energy projects that began construction in 2016 and 2017 will now have an additional year to qualify...more

Mayer Brown

Treasury to Extend Continuity Safe Harbor

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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

Foley & Lardner LLP

Beginning Construction Continuity Safe Harbor Extended for National Security Concerns

Foley & Lardner LLP on

Recognizing that, in some situations, a plan to develop or construct a facility or energy property may raise significant national security concerns, the IRS released Notice 2019-43 (which may be found here) on July 12, 2019,...more

Akin Gump Strauss Hauer & Feld LLP

The Quick (But Not Dirty) Issue No. 1: IRS Solar Construction Guidance

A Basic Guide to Renewable Energy Market and Energy Tax Basics - So What’s The Quick But Not Dirty? The IRS finally issued IRS Notice 2018-59 Beginning of Construction for the Investment Tax Credit under Section 48 on June...more

Mayer Brown

Beginning of Construction Guidance for Solar and Other ITC Technologies

Mayer Brown on

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

Akin Gump Strauss Hauer & Feld LLP

Got ITCs? How to Start Construction on Your Solar Project (Pre-IRS Guidance)

Solar developers are getting antsy about what is needed to show that they started construction on their 2020 (or later) projects by the end of 2019. The answer is not clear in the absence of solar-specific guidance from...more

Stoel Rives LLP

IRS Updates “Beginning of Construction” Guidance

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The IRS today issued highly anticipated guidance updating the “beginning of construction” requirement for the production tax credit (PTC) under Section 45 of the Internal Revenue Code (the Code) and the investment tax credit...more

McDermott Will & Emery

IRS Issues Additional Guidance on Beginning of Construction Rules for Renewable Projects

McDermott Will & Emery on

The Internal Revenue Service (IRS) issued Notice 2015-25 (Notice) on March 11, 2015, to provide further guidance on meeting the beginning of construction requirements for wind and other qualified facilities (biomass,...more

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