News & Analysis as of

Real Estate Development New Guidance

BCLP

Are You Ready for Martyn’s Law?

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The Terrorism (Protection of Premises) Act received Royal Assent on 3 April 2025 and is expected to be implemented within the next 24 months. There will be no legal requirement to comply until the legislation comes into...more

BCLP

NSIP Reforms: New Pre-application Procedure and Document Requirements

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As part of the ongoing Government reforms to the consenting process for Nationally Significant Infrastructure Projects (“NSIPs”), PINS has launched its 2024 Pre-Application Prospectus. The Prospectus sits alongside a suite of...more

Ballard Spahr LLP

IRS Issues Guidance on Clean Energy Tax Credits

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Summary - The IRS recently released guidance with respect to the new tax credit direct payment and transferability rules created under the Inflation Reduction Act enacted last August. The guidance explains how to register...more

BCLP

Biodiversity net gain: further clarification with 6 months to go

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We have been closely following the emerging details of the new biodiversity net gain (BNG) regime and the emerging market for off-site BNG which is expected to come into force for most planning applications in November 2023...more

Jackson Walker

Qualified Opportunity Zones COVID-19 Relief Extended

Jackson Walker on

On January 20, 2021, the Treasury Department published Notice 2021-10, extending COVID-19 relief for qualified opportunity funds (QOFs) and their investors. The new guidance generally extends the relief already in effect...more

A&O Shearman

Opportunity Zones: Second Set of Proposed Regulations Provide Clarity

A&O Shearman on

On Wednesday, April 17, 2019, the Treasury Department and the Internal Revenue Service issued a broad, investment-friendly second set of Proposed Regulations (the “Proposed Regulations”) regarding “Qualified Opportunity...more

Brownstein Hyatt Farber Schreck

Will Opportunity Zones Succeed in Stimulating Investments?

Expectations are high this year for “Opportunity Zones” in the real estate industry. A product of the Tax Cuts and Jobs Act, Qualified Opportunity Zones (QOZs) are expected to be one of the biggest trends to impact real...more

Nossaman LLP

P3 Industry Gets An Early Holiday Present In IRS Guidance On Interest Deduction

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Contractors and investors in P3s can continue taking a full tax deduction for interest on debt under recent IRS guidance (Revenue Procedure 2018-59, issued November 26). ...more

Sheppard Mullin Richter & Hampton LLP

Opportunity Zones Update

Background – In December 2017, as part of the Tax Cuts and Jobs Act (“TCJA”), Congress established a new tax incentive program to promote investment in certain low-income communities designated by the IRS as qualified...more

Farella Braun + Martel LLP

Treasury Department Guidance Will Stimulate Opportunity Fund Investments

The Opportunity Zones Program (OZ Program) aims to infuse capital into low-income communities known as qualified opportunity zones (QOZs) by offering tax-advantaged investments benefiting electing Qualified Opportunity Fund...more

Miles & Stockbridge P.C.

New IRS Guidance Boosts Confidence and Investment Potential in Opportunity Zone Program

Miles & Stockbridge P.C. on

On October 19, 2018, the IRS issued highly anticipated proposed regulations on opportunity zones. The guidance and interpretations in these regulations provide a clearer path for investment in the new “Opportunity Zone”...more

Jackson Walker

Treasury Releases Qualified Opportunity Fund (QOF) Guidance

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On October 19, the Treasury Department released a first round of guidance bringing much needed clarity to certain aspects of the Qualified Opportunity Fund regime enacted by the Tax Cuts and Jobs Act. While important...more

Orrick, Herrington & Sutcliffe LLP

Boost For Solar Energy Developers From IRS Clarification Of "Beginning Construction" Tax Credit Rules

On June 22, the Internal Revenue Service ("IRS") issued Notice 2018-59 (the "Notice"), which provides guidance regarding qualification and construction timing for purposes of the investment tax credit ("ITC") provided by...more

Stoel Rives LLP

IRS Issues Guidance Regarding Beginning of Construction Requirement for ITC

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The IRS today issued guidance regarding the “beginning of construction” requirement as it related to the investment tax credit (ITC) under Internal Revenue Code Section 48. The guidance, Notice 2018-59, generally applies the...more

Eversheds Sutherland (US) LLP

Despite DOI policy reversal on incidental takes, project developers still face risk of criminal liability under MBTA

At the end of 2017, the Department of the Interior (DOI) announced that it will no longer pursue criminal enforcement for “incidental takes” under the Migratory Bird Treaty Act (MBTA). The change in legal interpretation of...more

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