Transferring Energy-Related Federal Tax Credits: Key Considerations, Limitations, and Pitfalls to Avoid

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Energy
- event Date
Tuesday, March 26, 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 attorneys, developers, and investors guidance on the process and eligibility for energy tax credits under current U.S. tax law, methods to access these credits, the related challenges of each, and missteps to avoid.
Faculty

As an experienced clean energy attorney, Mr. Crowley understands that he has both an opportunity and the responsibility to help transform our climate and our economy. Counseling clients to successfully lead the transition to clean energy is key to speeding that transformation. Mr. Crowley has spent his career working in project development and acquisition, preferred and tax equity, banking, and general corporate matters related to renewable energy projects. He represents borrowers in term loans, revolving credit, back-leverage, and mezzanine debt facilities.

Ms. Lee is committed to responsible stewardship of our environment for the next generation. Her career has been built upon building and financing renewable projects across the US. Ms. Lee has significant experience representing borrowers, lenders, tax equity investors, buyers and sellers of clean energy projects. With balanced experience advising both sponsors and financing parties, she counsels with thoughtfulness and pragmatism to drive towards desired results. Prior to joining Clean Energy Counsel, Ms. Lee was Project Finance in-house counsel at a national C&I solar developer-owner, where she closed and supported multi-million dollar construction loan facilities, tax equity financings, back-leverage facilities and securitizations, as well as supported the fast-growing community solar vertical. She further worked in the Energy and Infrastructure group of a global firm in the AmLaw 40, where she represented institutional investors from diligence through closing and funding utility-scale solar and wind financings. Prior to her legal career, Ms. Lee worked in commercial positions at Google’s Mountain View and London offices.
Description
Recent Treasury regulations encompass significant renewable and clean energy initiative provisions directly impacting the use of energy-related tax credits. Counsel must understand essential rules stemming from recent regulations, transfers of interests and credits for developers, producers, and investors, and methods to transfer and monetize these tax credits.
The Inflation Reduction Act expands tax incentives for various energy resources, reshapes how eligible projects are financed, and monetizes new and expanded tax credits. It includes a variety of provisions for the ITC, PTC, carbon capture, qualifying advanced energy project credit, advanced manufacturing production credit, and more.
In addition, Section 6418 permits taxpayers to transfer all or a portion of certain energy-related tax credits for cash. This opens the door to a larger pool of financing for developers and tax-equity investors. Counsel must understand these credits and the rules impacting the transfer of such credits along with other available financing mechanisms.
Listen as our panel discusses energy-related federal tax credits, recent Treasury regulations and guidance, key requirements and limitations, and methods of monetizing energy tax credits. The panel will also discuss direct pay and transferability rules.
Outline
- Available U.S. energy-related tax credits, requirements, and limitations
- Tax credit transfer regime
- Financing models amid recent regulations
Benefits
The panel will discuss these and other key issues:
- Transfer of U.S. energy-related tax credits, requirements, and limitations
- Eligibility for buyers and sellers
- The evolving market terms for transfer transactions
- Available financing models in light of recent regulations
- Key considerations and next steps for renewable energy developers, producers, and investors
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Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
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- Best for legal, accounting, and tax professionals
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