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IRS Final Direct Pay Energy Tax Credit Regulations: Key Provisions and Issues for Renewable Energy Transactions

Section 6417, Applicable Entities and Credits Under the Inflation Reduction Act, Procedures for Electing Direct Payment, and More

A live 90-minute premium CLE/CPE video webinar with interactive Q&A

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Thursday, May 16, 2024

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE/CPE webinar will provide renewable energy counsel and advisers guidance on recent final IRS direct pay energy tax credit regulations and key tax considerations and planning for related renewable energy transactions. The panel will discuss key provisions of the final direct pay rules under Internal Revenue Code Section 6417 as enacted by the Inflation Reduction Act of 2022 (IRA), entities and tax credits covered under Section 6417 and the final rules, the impact of those rules on renewable energy transactions and investments, and other key considerations.

Description

On Mar. 5, 2024, the IRS and Treasury Department issued final regulations for the elective payment election under Section 6417 of the Internal Revenue Code as applied to certain energy tax credits. Energy counsel and advisers must understand the intricacies of key provisions within the final rules and processes to ensure that any direct pay arrangements align with the final rules.

The IRA provides two tax credit monetization provisions: (1) the transfer of certain federal tax credits to third parties for cash under Code Section 6418, and (2) the direct pay election under Code Section 6417. The direct pay provisions allow certain entities to elect to have some tax credits treated as refundable credits payable directly to them by the IRS. However, certain eligibility requirements must be met, and certain processes must occur, in order to make a direct pay election. Moreover, additional categories of companies may make the election with respect to credits stemming from Sections 45Q (carbon capture), 45V (clean hydrogen), or 45X (advanced manufacturing).

Listen as our panel discusses key provisions of the final direct pay rules under the IRA regarding eligible entities and requirements under Section 6417, how to make the direct pay election, and the impact on renewable energy transactions and investments.

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Outline

  1. Overview of the IRA provisions regarding energy tax credits
  2. Key provisions of final IRS direct pay rules
    1. Eligibility requirements
    2. Applicable credits
    3. Processes and making the election
  3. Section 761 proposed regulations
  4. Impact on renewable energy transactions and best practices

Benefits

The panel will discuss these and other key issues:

  • What are the requirements for making a direct pay election with respect to energy tax credits?
  • What are the implications of direct pay and the final IRS regulations?
  • What are the key considerations for counsel in light of the final IRS direct pay rules?

Faculty

Mathieu, Kate
Kate L. Mathieu

Attorney
Skadden Arps Slate Meagher & Flom

Ms. Mathieu advises public and private companies on a broad range of U.S. federal income tax matters, with a particular...  |  Read More

Schockett, Paul
Paul Schockett

Partner
Skadden Arps Slate Meagher & Flom

Mr. Schockett advises public and private companies on a broad range of U.S. federal income tax matters, with...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. CPE credit is not available on recordings. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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