On Feb. 19, 2020, the IRS released Notice 2020-12 and Revenue Procedure 2020-12 (together, the “Carbon Guidance”) which provide highly anticipated clarity on the Internal Revenue Code Section 45Q credit for carbon oxide sequestration. The Carbon Guidance provides details on determining when construction has begun on an eligible project, and valid partnership allocations (including a permissible partnership flip structure), which in each case are very similar rules to those applicable or relied upon in solar and wind tax credit tax equity transactions.

This GT Alert provides a useful summary of the background and requirements for Section 45Q credit qualification; and the Carbon Guidance, including the “Physical Work Test” and the “5% Safe Harbor” as relates to establishing commencement of construction on a qualified facility or carbon capture equipment.

Read the full GT Alert, “Summary of Guidance on Section 45Q Carbon Tax Credits Under 2020 Notice and Revenue Procedure.”

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Photo of James O. Lang James O. Lang

James O. Lang focuses his tax and corporate project finance practice on tax incentive programs, Qualified Opportunity Zone and Qualified Opportunity Fund financing, tax credits, and related state and federal incentive programs.  Jim is closing over $8 billion of Qualified Opportunity Funds and…

James O. Lang focuses his tax and corporate project finance practice on tax incentive programs, Qualified Opportunity Zone and Qualified Opportunity Fund financing, tax credits, and related state and federal incentive programs.  Jim is closing over $8 billion of Qualified Opportunity Funds and ancillary Qualified Opportunity Zone deployment of funds and has closed or is structuring several billion dollars in tax credit incentivized transactions.  Jim represents funds, investors, lenders, community development entities, and for-profit and not-for-profit project sponsors in complex transactions where capital stacks require enhancement through incentive financing, including Qualified Opportunity Zone incentives, state and federal new markets tax credits, affordable housing and low-income housing tax credits, historic rehabilitation tax credits, and renewable energy tax credits. He works with funds, investors, lenders, project sponsors, and qualifying businesses to structure these tax incentive programs along with ancillary governmental and non-governmental financing programs, including inbound immigration and Visa investment programs, grants, and taxable and tax-exempt bonds. Jim works with clients on developing creative structures designed to increase benefits and ameliorate risks.

Photo of Andrew W. Scher Andrew W. Scher

Andrew W. Scher has wide-ranging experience advising clients on large and complex corporate transactions. He has primarily counseled companies in the electric and gas industries, leading to the construction of electric generating facilities with values in excess of $3 billion, including solar and…

Andrew W. Scher has wide-ranging experience advising clients on large and complex corporate transactions. He has primarily counseled companies in the electric and gas industries, leading to the construction of electric generating facilities with values in excess of $3 billion, including solar and wind energy generating projects with values in excess of $1 billion.

Photo of Philip R. Weingold Philip R. Weingold

Philip R. Weingold focuses his practice on federal, state, local, and international tax and corporate matters. He represents limited liability companies, partnerships, public and private corporations, joint ventures, and individuals in a variety of industries and commercial sectors, including media, commercial and investment…

Philip R. Weingold focuses his practice on federal, state, local, and international tax and corporate matters. He represents limited liability companies, partnerships, public and private corporations, joint ventures, and individuals in a variety of industries and commercial sectors, including media, commercial and investment banking, telecommunications, manufacturing, real estate, consulting, cyber security, apparel, investment management, insurance and financial services. Philip is experienced with general partnership and corporate taxation, public and private offerings (including SPACs), mergers and acquisitions, dispositions, joint venture arrangements, restructurings, asset-backed transactions, transfer pricing, and executive compensation planning. He is also experienced with private equity funds, hedge funds and insurance dedicated funds, including fund formations, the structuring of portfolio investments, and tax planning for foreign and tax-exempt investors.

Photo of Margaret J. Weil Margaret J. Weil

Margaret J. Weil focuses her practice on tax planning and advice for private equity transactions, mergers and acquisitions, financings, and other commercial transactions. She advises domestic and international corporations, partnerships, and high-net-worth individuals on a broad range of tax matters, including domestic and…

Margaret J. Weil focuses her practice on tax planning and advice for private equity transactions, mergers and acquisitions, financings, and other commercial transactions. She advises domestic and international corporations, partnerships, and high-net-worth individuals on a broad range of tax matters, including domestic and cross-border M&A, securities offerings, restructurings, tax compliance, and the federal, state, and international tax developments that affect their transactions and ongoing business operations.