On May 31, 2023, the IRS released Notice 2023-44, which provides additional guidance for applicants seeking allocations of the Qualifying Advanced Energy Project Credit under Section 48C of the Internal Revenue Code (a “Section 48C credit”). The Section 48C credit program governs the allocation of $10 billion in U.S. federal income tax credits available to eligible projects. Of the $10 billion allocation, $4 billion must be allocated to projects located in an “energy community” (as defined in Section 45(B)(11)(b) of the Code).

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Photo of Kenneth M. Minesinger Kenneth M. Minesinger

Ken focuses on complex energy matters, typically in the oil and gas industry, including major energy regulatory and project development matters. Ken represents clients in the development of their oil and gas resources, on major pipeline and LNG projects, and on a wide…

Ken focuses on complex energy matters, typically in the oil and gas industry, including major energy regulatory and project development matters. Ken represents clients in the development of their oil and gas resources, on major pipeline and LNG projects, and on a wide range of energy regulatory issues. Ken is experienced in commercial and fiscal negotiations relating to major project agreements, and in regulatory proceedings including ratemaking, permitting, market power/competition issues and valuation disputes.

Photo of Margaret J. Weil Margaret J. Weil

Margaret J. Weil focuses her practice on tax planning and advice for private equity transactions, mergers and acquisitions, financings, and other commercial transactions. She advises domestic and international corporations, partnerships, and high-net-worth individuals on a broad range of tax matters, including domestic and…

Margaret J. Weil focuses her practice on tax planning and advice for private equity transactions, mergers and acquisitions, financings, and other commercial transactions. She advises domestic and international corporations, partnerships, and high-net-worth individuals on a broad range of tax matters, including domestic and cross-border M&A, securities offerings, restructurings, tax compliance, and the federal, state, and international tax developments that affect their transactions and ongoing business operations.

Benjamin Almy ‡

Ben Almy utilizes deep in-house tax experience to advise his clients. In his managerial role at AES Clean Energy, he led tax analysis on utility-scale and distributed generation renewable project acquisitions – particularly relating to solar, wind, stand-alone storage, and green hydrogen projects.

Ben Almy utilizes deep in-house tax experience to advise his clients. In his managerial role at AES Clean Energy, he led tax analysis on utility-scale and distributed generation renewable project acquisitions – particularly relating to solar, wind, stand-alone storage, and green hydrogen projects. His experience includes drafting and reviewing commercial contracts for project acquisitions, equipment procurement, construction, and partnership formation, with a focus on tax provisions. He advises on federal and state tax incentives, state and local tax compliance, and tax-efficient structuring.

 Admitted to practice in Montana. Not admitted in the District of Columbia. Practice in D.C. supervised by shareholders admitted to practice in D.C. Practice limited to Federal Courts and Agencies.