Alerts6.30.23
Renewable Energy Tax Credit Transfer Guidance Provides Both Clarity and Pitfalls

Highlights
The renewable tax credit transfer market will accelerate with new government guidance; public hearing and comments deadlines are scheduled for August
Risk allocation puts the usual premium on sponsors with a balance sheet and/or recapture insurance coverage
While the guidelines provide clear rules and examples, many foot faults are present
On June 14, 2023, the Treasury Department and Internal Revenue Service issued long-awaited guidance on the transferability of certain renewable energy-related federal tax credits. The guidance takes the form of a notice of proposed rulemaking, proposed regulations, and an online Q&A, with a public hearing to follow in August.
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