Clean Energy Tax Credit Transferability Under the Inflation Reduction Act: New Treasury and IRS Final Regulations
Note: CPE credit is not offered on this program
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will provide attorneys, developers, and investors guidance on the process and eligibility for transferability of energy tax credits under current U.S. tax law, methods for making valid transfers, rules for transferors and transferees, challenges, and key considerations.
Outline
- Tax credit transfer regime and Section 6418
- Overview of the final regulations
- Key elements and clarifications
- Tax credit purchase agreements
- Tax credit transfer mechanics
- Loan and bridge financing
- Credit property registration
- Transferability
- Applicability of anti-abuse rule
- Passive activity rule
- Excessive credit transfers and recapture
- Takeaways
Benefits
The panel will discuss these and other key issues:
- Transfer of U.S. energy-related tax credits, requirements, and limitations
- Manner and method for making valid transfers
- Rules for buyers and sellers
- Transfers involving partnerships and S corporations
- Key considerations and next steps for renewable energy developers, producers, and investors
Faculty
Benjamin Haas
General Tax Counsel, Managing Tax Director, Federal Tax Planning & Policy
Constellation Energy
Mr. Haas is an experienced Tax Attorney and Tax Director with a demonstrated history of working in private practice and... | Read More
Mr. Haas is an experienced Tax Attorney and Tax Director with a demonstrated history of working in private practice and the energy industry. He is skilled in Tax Transactions and Controversies, General Tax and Corporate Law, Mergers & Acquisitions (M&A), Tax Policy, and Corporate Governance.
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Martha G. Pugh
Partner
K&L Gates
Ms. Pugh is a corporate tax partner in the firm's Power practice group, working with our team of tax partners and... | Read More
Ms. Pugh is a corporate tax partner in the firm's Power practice group, working with our team of tax partners and associates who focus on energy transition tax credits, including production and investment tax credits for renewable power generation, energy storage, advanced manufacturing, green hydrogen, and other projects. She has been heavily involved in developing opportunities arising out of the Inflation Reduction Act of 2022, including bonus credits and new tax credits. Ms. Pugh counsels renewable energy clients on the structuring of acquisitions, dispositions, and joint ventures, and represents developers and investors in tax equity transactions and tax credit transfers.
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