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IRS offers partial clarity for future energy projects Dustin Stamper; Ellen Martin

By: Stamper, Dustin.
Contributor(s): Martin, Ellen.
Material type: ArticleArticleSubject(s): INFLACION | POLITICA ENERGETICA | DESGRAVACIONES FISCALES | ENERGÍAS RENOVABLES In: Journal of Taxation of Investments n. 41-4, Summer 2024 , p. 47-53Summary: The Inflation Reduction Act has provided a massive boost in energy investments over the last two years, but the true transformation in energy tax policy is still coming. The existing production and investment tax credits are scheduled to change dramatically for projects that begin construction after this year. Gone will be the old versions of Code Sections 45 and 48, which picked winners and losers by prescribing specific categories of property that qualified. Under new Sections 48E and 45Y, any technology meeting new “technology neutral” standards can potentially benefit. But there will still be winners and losers depending on how the IRS interprets the rules. Newly proposed regulations finally give us some insight into what will qualify, but leave some major questions unanswered. The authors explore key aspects of the rules.
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The Inflation Reduction Act has provided a massive boost in energy investments over the last two years, but the true transformation in energy tax policy is still coming. The existing production and investment tax credits are scheduled to change dramatically for projects that begin construction after this year. Gone will be the old versions of Code Sections 45 and 48, which picked winners and losers by prescribing specific categories of property that qualified. Under new Sections 48E and 45Y, any technology meeting new “technology neutral” standards can potentially benefit. But there will still be winners and losers depending on how the IRS interprets the rules. Newly proposed regulations finally give us some insight into what will qualify, but leave some major questions unanswered. The authors explore key aspects of the rules.

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