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Qualifying for Enhanced Credits for ITC, PTC, and Carbon Capture: New IRS Final Regs and Guidance

Prevailing Wage and Apprenticeship Requirements Under the IRA, Beginning of Construction

Note: CPE credit is not offered on this program

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Thursday, August 22, 2024

Recorded event now available

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This CLE webinar will provide an analysis of the IRS final regulations, as well as of previous relevant IRS guidance, for prevailing wage, apprenticeship, and beginning of construction requirements under the Inflation Reduction Act (IRA). The panel will discuss key provisions of the IRA, and rules and requirements for qualifying for enhanced credit amounts for the production tax credit (PTC), investment tax credit (ITC), and carbon capture and sequestration credit in light of the IRA.

Description

On June 18, 2024, the IRS issued final regulations, along with three associated guidance documents, on the prevailing wage and apprenticeship (PWA) requirements that pertain to increased credit or deduction amounts for certain clean energy incentives. Counsel must understand the challenges and key considerations for the PTC, ITC, and carbon capture credit, as well as the impact on renewable energy developers, producers, and investors in light of new IRS guidance.

The IRA expands tax incentives for various renewable energy resources, reshapes how eligible renewable energy projects are financed, and monetizes new and expanded tax credits. The Act includes: (1) modifications to ITC, PTC, and carbon capture credit requirements and limitations; (2) the inclusion of a "direct pay" option for tax credits under certain circumstances; (3) the inclusion of a tax credit transfer regime; and (4) a variety of new energy tax credits.

The final regulations and guidance documents build on earlier guidance provided by the IRS in REG-100908-23 and associated guidance documents and in Notice 2022-61 on the PWA requirements. In addition, the regulations and guidance documents contain provisions concerning the beginning of construction requirements under the IRA.

Listen as our panel discusses green energy tax incentives and requirements under the IRA, beginning of construction guidance, and qualifying for enhanced credit amounts for the PTC, ITC, and carbon capture and sequestration credit in light of the IRA.

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Outline

  1. Impact of the IRA on renewables
  2. ITC, PTC, and carbon capture credit modifications
  3. Prevailing wage
  4. Apprenticeship
  5. Beginning of construction
  6. Key considerations and next steps

Benefits

The panel will discuss these and other key issues:

  • Extension and modifications to ITC, PTC, and other clean energy credits under the IRA
  • Prevailing wage requirements under Section 45(b)(7)(A)
  • Apprenticeship requirements under Section 45(b)(8)
  • Guidance for beginning of construction requirements
  • Key considerations and next steps for renewable energy developers, producers, and investors

Faculty

Didier, Bryan
Bryan Didier

Partner and Managing Director
Monarch Private Capital

Mr. Didier, a Partner and Managing Director of Renewable Energy at Monarch Private Capital, blends nearly two decades...  |  Read More

Lefko, Hilary
Hilary Lefko

Partner
Norton Rose Fulbright US

Ms. Lefko focuses her practice on all areas of federal income tax law, with a particular emphasis on tax...  |  Read More

Morris, Joshua
Joshua Morris, CPA
Partner
Novogradac & Company

Mr. Morris specializes in renewable energy tax credits, new markets tax credits, historic tax credits and the...  |  Read More

Patel, Anjali
Anjali Patel

Director
Nexamp

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 |  Read More

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