Tech-Neutral Clean Energy Tax Credit Final Regs: Section 45Y, Section 48E, Qualifying Technologies, 80/20 Rule
Note: CPE credit is not offered on this program
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE webinar will provide attorneys, developers, and investors with guidance on the final regulations under Sections 45Y and 48E for tech-neutral tax credits for clean energy projects. The program will cover the eligibility criteria, application process, and key considerations for leveraging these credits effectively.
Outline
- Tech-neutral tax credit system and Sections 45Y and 48E
- Overview of the final regulations
- Qualifying technologies and the "zero or negative" GHG emissions standard
- Lifecycle analysis (LCA)
- Determining GHG emissions rates using LCA
- Impact on facility qualification
- 80/20 rule for retrofitting facilities
- Application and benefits of the 80/20 rule
- Substantial capital expenditure requirements
- Prevailing wage and apprenticeship rules
- Stringent application on a "qualified facility" basis
- Compliance and implications
- The new administration: considerations and challenges
Benefits
The panel will discuss these and other key issues:
- Eligibility criteria and application process for tech-neutral tax credits
- LCA for GHG emissions determination
- Application of the 80/20 rule for retrofitting facilities
- Compliance with prevailing wage and apprenticeship rules
- Key considerations for energy developers, producers, and investors
Faculty
Mark Christy
Partner
Orrick, Herrington & Sutcliffe
Mr. Christy is an experienced project finance lawyer with a focus on advising lenders and sponsors on tax... | Read More
Mr. Christy is an experienced project finance lawyer with a focus on advising lenders and sponsors on tax matters and tax incentives for renewable energy projects. He has nearly 15 years of experience in project finance. His clients include major financial institutions (tax equity investors and infrastructure funds), lenders, developers, and sponsors, particularly those active in the renewable energy sector. Mr. Christy regularly advises clients on opportunities stemming from the Inflation Reduction Act, specifically Section 6417 direct pay opportunities and Section 6418 tax credit transfers. He also advises clients in a wide variety of structured finance, including transactions relating to CLOs, warehouse/leverage facilities, and other securitization structures, real estate mortgage investment conduits (REMICs), commercial mortgage-backed securities (CMBS), and real estate investment trusts (REITs).
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John Eliason
Partner
Orrick, Herrington & Sutcliffe
Mr. Eliason has more than 20 years of advising tax equity investors and developers, he has played a pivotal... | Read More
Mr. Eliason has more than 20 years of advising tax equity investors and developers, he has played a pivotal role in the advancement of the renewables and alternative energy market. Mr. Eliason continues to provide leadership in this ever-changing sector by guiding clients on the implications of the IRA, helping them navigate new rules in order to maximize federal and state tax benefits. He advises major financial institutions (tax equity investors and infrastructure funds), lenders, developers, and sponsors, particularly those in the wind, solar, storage, biomass and energy tech space. Mr. Eliason helps clients structure financings for their projects to take advantage of federal and state tax incentives, like the Federal production tax credit (PTC), energy investment tax credit (ITC) and accelerated depreciation (MACRS and “bonus”) using partnership flips, sale-leasebacks, public/private partnerships, and other structuring options. He has been particularly focused on providing clients with the latest guidance and opportunities relating to the Inflation Reduction Act, including with respect to Section 6418 tax credit transfers and Section 6417 direct pay opportunities.
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Wolfram Pohl
Partner
Orrick, Herrington & Sutcliffe
Mr. Pohl, a tax partner in the San Francisco office, focuses on the tax aspects of project finance and corporate... | Read More
Mr. Pohl, a tax partner in the San Francisco office, focuses on the tax aspects of project finance and corporate transactions, with an emphasis on renewable energy and infrastructure projects. He represents many of the country’s most prominent developers and financing parties in structuring transactions to take advantage of tax credits, Treasury cash grants, depreciation benefits, and other available tax benefits. Mr. Pohl has represented developers and tax equity investors in financings of both wind and solar projects, as well as on tax planning for energy storage, carbon capture, and carbon sequestration projects. He also advises sponsors on public-private partnership arrangements for large infrastructure projects, as well as on tax-exempt bond financings for multifamily housing projects. Mr. Pohl has advised on a variety of other tax issues, including equity and debt financings, mergers and acquisitions, public offerings, and real estate transactions.
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