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

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Energy
- event Date
Thursday, August 22, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

Ms. Lefko focuses her practice on all areas of federal income tax law, with a particular emphasis on tax controversy and renewable energy tax issues. She represents developers and investors in various energy and renewable energy projects, including transactions involving section 45 production tax credits for the production of electricity from renewable resources, including the purchase and sale of wind, open-loop biomass, landfill gas, geothermal and refined coal facilities. Ms. Lefko also advises on section 48 investment tax credits for solar projects, the Section 1603 Treasury Grant Program and other renewable energy incentives.

Mr. Morris specializes in renewable energy tax credits, new markets tax credits, historic tax credits and the opportunity zones incentive. He performs numerous services related to these industries, including financial statement and cost certification audits, tax preparation, general and compliance consulting, and forecasting services. Mr. Morris also works with numerous developers/sponsors, syndicators and investors by providing consulting and transaction advisory services. His consulting and transaction advisory skillset includes financial structuring and modeling expertise with integrated GAAP transactional and ongoing operation support for various tax credit industry participants. Mr. Morris earned a bachelor’s degree in accounting from Youngstown State University in Youngstown, Ohio. He is a licensed certified public accountant in Ohio.

Mr. Didier, a Partner and Managing Director of Renewable Energy at Monarch Private Capital, blends nearly two decades of legal experience in renewable energy with over 30 years of leadership, including 20 years as a US Navy officer. He leads and manages Monarch’s renewable energy tax practice, overseeing the origination and closing of transactions, working closely with investors, and serving as the primary point of contact for developers and service providers in the rapidly expanding renewable energy field. Mr. Didier has been a frequent lecturer, speaker, and panelist for industry conferences and CLEs, including most recently on opportunities created by the Inflation Reduction Act. Formerly a partner at Leverage Law Group, LLC, he developed and led the firm’s renewable energy practice, focusing on tax-credit incentivized transactions. Mr. Didier is also well-versed in project finance and corporate governance from his time as in-house counsel in the utility and chemical manufacturing sectors.

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.
Outline
- Impact of the IRA on renewables
- ITC, PTC, and carbon capture credit modifications
- Prevailing wage
- Apprenticeship
- Beginning of construction
- 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
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