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Solar Energy › Renewable Energy Incentives › Internal Revenue Service

Vinson & Elkins LLP

Beginning of Construction Guidance Eliminates 5% Safe Harbor (for Wind and Solar), but Physical Work Test Survives

Vinson & Elkins LLP on

On August 15, 2025, the Department of Treasury and the Internal Revenue Service (“IRS”) released guidance for wind and solar facilities under Sections 45Y and 48E (the “Tech-Neutral Tax Credits”) in the form of IRS Notice...more

Stoel Rives LLP

Treasury Issues Low-Income Communities Solar and Wind Credit Guidance

Stoel Rives LLP on

The U.S. Department of the Treasury yesterday released Internal Revenue Service Notice 2023-17, Initial Guidance Establishing Program to Allocate Environmental Justice Solar and Wind Capacity Limitation under Internal Revenue...more

ArentFox Schiff

Here Comes the Sun: Treasury and IRS Request Input on Solar and Other Energy Incentives Under the Inflation Reduction Act

ArentFox Schiff on

Following the enactment of the Inflation Reduction Act (IRA) on August 16, the US Treasury Department (Treasury) and the Internal Revenue Service (IRS) recently issued six notices (the “Notices”) requesting comments on...more

Eversheds Sutherland (US) LLP

IRS extends continuity safe harbor for renewable energy projects

Eversheds Sutherland (US) LLP on

On June 29, 2021, the IRS issued Notice 2021-41, which provides a further extension of the continuity safe harbor and revises the “facts and circumstances” rules: ..For PTC and ITC-eligible projects for which...more

Mayer Brown

IRS Grants Beginning of Construction Relief for Offshore Renewable Projects and Renewable Projects on Federal Land

Mayer Brown on

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

Akin Gump Strauss Hauer & Feld LLP

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

Akin Gump Strauss Hauer & Feld LLP on

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

Perkins Coie

New Production Tax Credit “Beginning of Construction” Advice From the IRS

Perkins Coie on

The IRS recently issued Notice 2016-31, providing further guidance regarding the “beginning of construction” requirement for the production tax credit (PTC) under Section 45 of the Internal Revenue Code and the investment tax...more

McDermott Will & Emery

What Must Be Done for Wind and Solar Projects to Have “Begun Construction” under the New PTC and ITC?

McDermott Will & Emery on

With the recent extension of the federal income tax credits available for renewable energy projects, practitioners and industry participants have raised questions as to how the “begun construction” rules will apply under...more

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