Tax Implications and Planning for Renewable Energy Projects

Tax Implications and Planning for Renewable Energy Projects
Recorded on Tuesday, December 9, 2014:

To purchase a copy of the recording, please call 818.888.4444

1:00 - 2:15 pm Eastern US Time

Renewable energy developers are looking for ways to reduce the cost of capital for their projects. Five yield cos have been brought to market and others are in the works. The IRS ruled that an Arkansas telephone company could put its wires in a REIT and lease them back. At least 41 US corporations have reincorporated in lower tax countries as a way of reducing their US corporate tax bills.

As many as 14,000 megawatts of wind farms were under construction at the end of 2013 in time to qualify for tax credits, according to the American Wind Energy Association. The tax equity market has shied away from financing projects that relied on a small amount of physical work at the project site or a factory to start construction. The IRS issued additional guidance in an effort to break the logjam on August 8. Tax counsel and the tax equity community are evaluating what the IRS said. The next difficult issue will be in what circumstances projects that slip into 2016 or 2017 will be considered under construction in late 2013 since it is not enough merely to have started construction, but work on the project after 2013 also must be continuous.

Tax basis for calculating tax benefits remains an area of dispute between project developers and the government. There are 20 lawsuits pending against the US Treasury filed by developers who feel they received smaller section 1603 payments than they were entitled. The lawsuits raise four significant issues. Some of the cases could start to be decided later this year. Basis issues are also starting to come up in some IRS audits.

Congress is expected to extend some expiring or expired tax benefits in late November or December in a “lame-duck” session after the November elections. One of the issues in play is whether to allow renewable energy developers another two years through December 2015 to start construction of new wind, geothermal, biomass, landfill gas, incremental hydroelectric and ocean energy projects to qualify for tax credits. The wave of corporate inversions will put pressure on the next Congress that takes office in 2015 to address corporate tax reform. Any corporate tax reform is expected to lead to repeal of accelerated depreciation and a scaling back of some tax credits. The US Treasury is focused in the meantime on stopping corporate inversions. Some of the ideas in play could affect European, Chinese and other foreign companies invested in the US renewable energy sector.

This hour and 15 minute webinar will consist of an open forum: 15-20 minutes on the latest developments and the rest of the session will be an open floor to deal with any and all issues in deals.


Keith Martin, Partner, Chadbourne & Parke LLP

John J. Marciano III, Partner, Chadbourne & Parke LLP

Erin Dolleris

Webinar Producer

For suggestions regarding future webinar topics, webinar speaking opportunities, or webinar sponsorship:
818-888-4445 x 48 |  This email address is being protected from spambots. You need JavaScript enabled to view it.

Emily Baker

Webinar Coordinator

For general webinar questions:
818-888-4445 x 34 |  This email address is being protected from spambots. You need JavaScript enabled to view it.

How It Works

The 90 minute session is interactive and you will be able to submit questions -live- to our esteemed speakers - via computer during the session. However, please note that since this is a discussion and not a formal presentation the only visual elements will be the information contained herein.
You will receive confirmation of your registration via email.
A separate email sent a (business) day before the webinar will include a toll free dial-in phone number and access code to dial into the seminar. It will also include the Internet address and login instructions to access the webinar.
At the time of the interactive session, you will call into the toll-free number via phone or speakerphone and log in to the special website. You will follow the presentation on the web; the Instructors will manage the timing and page changes of the presentation directly.
You will have the opportunity to ask questions at specified times during the presentation. All participants will be able to hear both the questions and answers.

Single Connection: $99.00
Additional Connection at the same Organization: $50.00

A site connection allows a single connection to the web conference. That connection is open to any number of users in a collaborative setting. Because there are no travel expenses and only a single registration fee is required, each additional participant lowers the cost per participant significantly.

By purchasing a site connection, you can invite as many people as you would like to view and participate in the session from a single location. Set up the session in a conference room and project the presentation and chat on a large screen. You also have rights to distribute copies of the presentation materials to everyone involved. Please note that audio is received via the phone line and must be broadcast to your group.

If for any reason a relevant stakeholder cannot co-locate for the session, we encourage you to include that person by purchasing an additional connection at the reduced fee of $50 per session. This will ensure that every member of a team receives the same relevant, timely information in the most efficient way. If you have any technical or purchasing questions, please contact us at (818) 888-4444.

Should you be unable to attend, a refund, less a $50 administrative charge, will be made for cancellations received via letter or fax at least 3 working days before the event. We regret cancellations will not be accepted after that date. However, we will be pleased to transfer your registration to another member of your company or credit the registration fee to another Infocast conference if you register within 6 months from the date of this conference. In the event the conference is canceled, Infocast’s liability is limited to the refund of the conference registration fee only.

  • Monday, 18 August 2014