The new Biden administration is clearly signaling that renewable energy will be a key focus of its plan going forward. For example, the Biden administration has set a goal to deploy 30 gigawatts of offshore wind generation capacity by the year 2030. Therefore, it can be expected that tax advisors will be seeing more questions about renewable energy tax incentives as investment in the sector increases. A large driver of investment in renewable energy is caused by specific tax credits offered as part of the deal structure. However, tax credits are strictly construed by both the IRS and the courts and must follow specific guidelines. Joshua D. Smeltzer, former Department of Justice Tax Division litigator now at Gray Reed, recently published an article in Taxes The Tax Magazine (a monthly scholarly journal published by CCH Inc.) examining renewable energy tax credits. A reprint of the article is available here.
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