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IRS Final Regs on Prevailing Wages and Registered Apprenticeship Requirements: Key Provisions and Pitfalls to Avoid

This program is cancelled

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

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Thursday, October 17, 2024 (in 7 days)

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


This CLE/CPE webinar will provide tax professionals a detailed analysis of recently issued IRS final regulations for prevailing wage, apprenticeship, and beginning of construction requirements under the Inflation Reduction Act (IRA). The panel will discuss key provisions of the final regulations; rules and requirements for qualifying for enhanced credit amounts for the production tax credit (PTC), investment tax credit (ITC), and carbon capture and sequestration credit under the IRA; and other key issues and next steps for impacted taxpayers.

Description

On June 18, 2024, the IRS issued final regulations, along with three associated guidance documents, on the prevailing wage and apprenticeship requirements for certain clean energy tax credits and incentives. Tax professionals must understand the challenges and key considerations for the PTC, ITC, and carbon capture credit in light of the IRS final regulations and related guidance.

The IRA expands tax incentives for various energy resources and includes: (1) modifications to ITC, PTC, and carbon capture credit requirements and limitations; (2) the inclusion of a "direct pay" option for tax credits under certain circumstances; (3) the inclusion of a tax credit transfer regime; and (4) a variety of new energy tax credits.

The IRS final regulations and guidance documents build on earlier guidance provided by the IRS on the prevailing wage and apprenticeship requirements. Taxpayers must satisfy these requirements to qualify for enhanced credit amounts for clean energy tax credits under Code Sections 48 and 48E (ITC), Sections 45 and 45Y (PTC), and Section 45Q. In addition, the regulations and guidance documents contain provisions concerning the beginning of construction requirements under the IRA.

Listen as our panel discusses key provisions of the final regulations; the rules and requirements for qualifying for enhanced credit amounts for the production tax credit, investment tax credit, carbon capture and sequestration credit under the Inflation Reduction Act; and other key issues and next steps for impacted taxpayers.

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Outline

  1. Key provisions of IRS final regulations
  2. ITC, PTC, and carbon capture credit modifications
  3. Prevailing wage
  4. Apprenticeship
  5. Beginning of construction
  6. Key considerations and next steps

Benefits

The panel will discuss these and other key issues:

  • Extension and modifications to ITC, PTC, and tax credits under the IRA
  • Prevailing wage requirements under Section 45(b)(7)(A)
  • Apprenticeship requirements under Section 45(b)(8)
  • Guidance for beginning of construction requirements
  • Key considerations and next steps for renewable energy developers, producers, and investors

Faculty

Cohen, Adam
Adam M. Cohen

Partner
Holland & Hart

Mr. Cohen is a trusted advisor to institutional investors, fund managers, and companies in fund formation, real estate,...  |  Read More

Pohl-Wolfram
Wolfram Pohl

Partner
Orrick, Herrington & Sutcliffe

Mr. Pohl, a tax partner in the San Francisco office, focuses on the tax aspects of project finance and corporate...  |  Read More

Speck, Jenny
Jenny Speck

Partner
Bracewell

 Ms. Speck advises clients on the qualification for and the monetization of energy transition tax incentives. She...  |  Read More