REITs as a Financing Vehicle for Renewable Energy
Legal Strategies for Maximizing the Advantages of REITs
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to counsel for renewable energy projects and real estate investment trusts (REITs) on the financing opportunities that REITs present for energy projects as well as the limitations and challenges that must be overcome. The panel will offer their insights and perspectives on leveraging REITs to finance renewable energy projects while complying with REIT requirements.
Outline
- Financing opportunities for energy projects in REITs
- Limitations and challenges
- Tax issues
- REIT requirements
- Scope of REITs’ alternative energy investment
- Potential impact of pending legislation
- Best practices for overcoming the challenges
- REIT models that work
Benefits
The panel will discuss these and other important issues:
- The tax advantages to being a REIT
- The tax requirements to be a REIT
- Why REIT status has advantages over MLP status;
- The manner in which REITs can invest in the alternative energy sector;
- Limitations on the scope of REITs’ alternative energy investments; and
- How pending tax legislation could change the alternative energy landscape for REITs
Faculty
David K. Burton
Partner
Akin Gump Strauss Hauer & Feld
Mr. Burton advises clients on a wide range of U.S. tax matters, with a particular emphasis on project finance and... | Read More
Mr. Burton advises clients on a wide range of U.S. tax matters, with a particular emphasis on project finance and energy transactions. In addition, he also advises clients on tax matters regarding the formation and structuring of domestic and offshore investment funds. He has extensive experience structuring tax-driven vehicles, such as sale-leasebacks, flip partnerships, inverted leases and other structures, for the acquisition and financing of renewable energy assets.
CloseEli M. Katz
Partner
Chadbourne & Parke
Mr. Katz is a transactional lawyer who focuses on providing tax, legal and commercial advice to a broad range of... | Read More
Mr. Katz is a transactional lawyer who focuses on providing tax, legal and commercial advice to a broad range of clients in the energy and financial sectors. He frequently leads cross-functional legal teams in high-profile and complex transactions, with a particular emphasis in the renewable energy sector. Mr. Katz is a recognized industry leader in all forms of tax monetization transactions within the power sector.
CloseKevin T. Pearson
Partner
Stoel Rives
Mr. Pearson is a partner and the chair of the firm’s Executive Committee. His practice focuses principally on... | Read More
Mr. Pearson is a partner and the chair of the firm’s Executive Committee. His practice focuses principally on federal income tax law, including both transactional matters and tax controversy matters. As part of his transactional practice, he regularly advises clients regarding all aspects of corporate taxation, including taxable and tax-free mergers and acquisitions, debt and equity offerings and other corporate finance transactions, consolidated return issues, and general corporate tax issues. He also regularly represents clients with respect to partnership, S corporation, and limited liability company transactions and tax issues, as well as choice-of-entity issues, tax accounting issues, and general tax planning issues. He frequently represents clients in renewable energy financing transactions, particularly those involving the federal production and investment tax credits. In addition, he advises both taxable and tax-exempt health care clients with respect to all types of tax, business, and financial matters. As part of his tax controversy practice, he regularly represents taxpayers in IRS audits and administrative appeals, deficiency litigation in the U.S. Tax Court, and refund litigation in U.S. District Courts and the U.S. Court of Federal Claims.
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