Energy Tax Benefits and Inflation Reduction Act
1h 31m
Created on August 29, 2023
Intermediate
Overview
The Inflation Reduction Act ("Act") extended, expanded, and modified existing clean energy tax credits and allowed for additional credit enhancements for eligible taxpayers. Since the Act was signed on August 16, 2022, there has been a flurry of questions and guidance by the IRS to assist taxpayers. This course provides an overview of the various energy tax benefits that are available for taxpayers under the Act, including traditional tax equity structures that remain vital to understanding how taxpayers receive benefits. This course will also discuss some of the bonuses that are available and the proposed regulations which provided long-awaited guidance on the elective payment and transferability regimes, along with open issues and other considerations. Finally, this course will also discuss the mechanics of determining the beginning of construction date and how it impacts the availability of energy tax credits.
Learning Objectives:
- Break down energy tax credit and deprecation deduction concepts relevant to the structuring of tax equity and similar transactional structures
- Identify concepts and considerations embodied in traditional tax equity and similar structures as they existed prior to the Inflation Reduction Act
- Analyze how the modeling of benefits is a critical element of such structuring
- Review key changes to the energy tax credit provisions by the IRA
- Analyze the impact of the IRA changes on tax equity and similar transactional structuring, including the impact of the transferability of certain credits and direct payment of credit benefits to exempt entities
Credits
Faculty
Xenia Garofalo
Partner | Eversheds Sutherland
Xenia Garofalo counsels clients on federal income taxation with a focus on providing tax and structuring advice for institutional and global investors, fund sponsors and multinational companies, including with respect to the preparation and negotiation of fund disclosure, organizational documents and side letter agreements. She also regularly advises clients on US tax matters related to structuring, operation, investment activities and transactions. Ms. Garofalo has counseled clients on the tax-efficient use of special purpose vehicles and real estate investment trusts (REITs).
Ms. Garofalo has published several articles relating to complex real estate tax matters (including for the American Bar Association, the American College of Real Estate Lawyers and the American Law Institute). Ms. Garofalo has also provided numerous presentations on complex real estate tax matters, including relating to investment structures utilizing REITs and leveraged blockers.
She has published articles and provided client presentations relating to the tax matters under the Inflation Reduction Act. In addition, Xenia has played a key role in advising multinational clients in respect of the application of the Inflation Reduction Act’s tax provisions to their operations and investments, including with respect to the 1% share repurchase excise tax and tax credit incentives that apply to renewable energy, carbon reduction and related activities and investments.
Ms. Garofalo also advises charities and private foundations regarding various formation, international and operational issues.
Hasnain Valika
International and federal tax associate | Eversheds Sutherland
Hasnain advises on a range of multinational clients in all aspects of federal and international tax planning, investment funds and transactional matters, including tax-free restructurings, cross border mergers and acquisitions and tax planning opportunities.
Prior to joining Eversheds Sutherland, Hasnain was an experienced senior manager at a Big Four firm advising multinational clients on the effects of tax reform, tax planning opportunities and cross-border transactions.
Hasnain is admitted to the Illinois State Bar and the District of Columbia Bar.
Reviews
Recent Reviews
Imformative presentation
Great
Good insights
Very insightful explanation of the tax benefits for energy projects from the IRA. Thank you!
Very rule oriented and detailed.
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