Alerts7.2.21

IRS Further Extends Continuity Safe Harbor for Renewable Energy Projects

energy

Highlights

For renewable energy facilities that began construction in 2016 through 2019, IRS Notice 2021-41 provides for a 6-year Continuity Safe Harbor  

For renewable energy facilities that began construction in 2020, IRS Notice 2021-41 provides for a 5-year Continuity Safe Harbor

IRS Notice 2021-41 also provides more flexibility in satisfying the continuity requirement if a taxpayer is unable to satisfy the Continuity Safe Harbor


To address continuing delays caused by the COVID-19 pandemic, the IRS issued Notice 2021-41 on June 29 extending the “continuity requirement” for satisfying the beginning of construction requirement for renewable energy facilities that qualify for either production tax credits (PTCs) or investment tax credits (ITCs).

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