Category Archives: Tax

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Taxpayer Certainty and Disaster Tax Relief Act of 2020: Spotlight on the Extensions of Certain Alternative Energy Tax Credits

By Margaret J. Weil, Jeffrey A. Chester and Andrew W. Scher on Posted in COVID-19, Energy, Featured, GT Alert, Renewables, Tax
On Dec. 21, 2020, Congress passed a COVID-19 relief bill (the Consolidated Appropriations Act, 2021), which President Trump signed into law on Dec. 27, 2020. The bill includes the Taxpayer Certainty and Disaster Tax Relief Act of 2020, which provides much-anticipated extensions to critical alternative energy tax credits (including those for wind and solar projects) … Continue Reading

Summary of Guidance on Section 45Q Carbon Tax Credits Under 2020 Notice and Revenue Procedure

By Andrew W. Scher, James O. Lang, Philip R. Weingold and Margaret J. Weil on Posted in carbon emissions, Environment, Federal, GT Alert, Legislation, Natural Resources, Oil & Gas, Tax
On Feb. 19, 2020, the IRS released Notice 2020-12 and Revenue Procedure 2020-12 (together, the “Carbon Guidance”) which provide highly anticipated clarity on the Internal Revenue Code Section 45Q credit for carbon oxide sequestration. The Carbon Guidance provides details on determining when construction has begun on an eligible project, and valid partnership allocations (including a permissible partnership flip structure), … Continue Reading

IRS Takes First Steps to Implement Carbon Capture Tax Credit

By Robert Mangas and Katie P. Reed˘ on Posted in Carbon Credits, carbon emissions, Climate Change, Energy, Environment, Legislation, Oil & Gas, Tax, Technology
On Feb. 19, 2020, the Internal Revenue Service released partial guidance on the implementation of section 45Q tax credits related to the capture and sequestration of carbon dioxide. The section 45Q tax credit was updated on Feb. 9, 2018, as part of the Bipartisan Budget Act (Pub. L. 115-123) to increase the amount of the … Continue Reading

Refundable State Tax Credits: Maybe Don’t Take the Money and Run

By Glenn Newman on Posted in Brownfields, GT Alert, Tax
On April 25, 2019, the United States Court of Appeals for the Federal Circuit decided that refundable state tax brownfield credits are taxable income for federal purposes. The court held in Ginsburg v. United States, “The excess amount of the brownfield redevelopment tax credit received by the Ginsburgs in 2013 is taxable gross income because … Continue Reading
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