Renewable Energy Tax
Building a More Resilient, Sustainable Future Through Strategic Investment In today’s interconnected world, energy is the foundation of economic growth and social development. From powering industries to enabling everyday life, the demand for reliable, sustainable energy continues to rise. While the upfront costs may be significant, the long-term benefits—spanning economic, environmental and social impact—are substantial. Driving Economic Growth Through Energy Development Energy infrastructure investment is a powerful driver of economic growth. Large-scale energy projects—whether in renewables like wind and solar, or traditional energy sources—create jobs across engineering, construction, operations and project management. These projects stimulate local economies, increase demand for goods and services, and generate tax revenue that helps communities thrive. Opportunities for Developers and Investors in Energy Infrastructure For institutional investors, energy infrastructure can offer stability and long-term returns. Once capital is deployed, operating and maintenance costs are relatively low, producing steady cash flow. Many renewable energy projects are backed by long-term contracts, such as power purchase agreements, which provide predictable income. These investments also offer portfolio diversification and are often supported by government incentives, including tax credits and rebates. For developers, energy infrastructure presents significant opportunities for growth and leadership. Demand for clean energy is increasing worldwide, and supportive policies—including subsidies, streamlined permitting and access to tax equity financing—enable faster project deployment. With revenue often secured through long-term agreements, developers can minimize financial risk while pursuing innovation. Enhancing Energy Security and Grid Resilience Modern energy infrastructure plays a key role in strengthening grid resilience and energy security. Distributed energy systems, especially when integrated with storage solutions, are helping to modernize aging grids. These systems make energy delivery more adaptive to climate risk and reduce dependence on fossil fuels. The result is lower emissions, improved reliability and increased energy independence. Accelerating Innovation Across the Energy Sector Perhaps the…
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Tax credits remain one of the most powerful financial tools for incentivizing investment in key areas such as renewable energy, historic preservation, and clean manufacturing. More than just financial incentives, they play a crucial role in accelerating clean energy adoption, revitalizing communities, and supporting domestic industries. The Inflation Reduction Act (IRA) has transformed the tax credit landscape, providing long-term stability and introducing new mechanisms such as credit transferability and direct pay. Currently, the market continues to experience significant growth, fueled by increased demand for clean energy projects and historic building revitalization. The IRA has strengthened the Investment Tax Credit (ITC) and Production Tax Credit (PTC), while also implementing technology-neutral tax credits, such as the Clean Electricity Production Tax Credit (45Y) and the Clean Energy Investment Tax Credit (48E), which became effective in 2025. These developments have attracted a broader range of investors, including new corporate buyers looking to offset their tax liabilities. Additionally, the transferability market has matured, allowing tax credits to be sold for cash, reducing reliance on traditional tax equity financing and enabling more participants to benefit. The final regulations released by the IRS in 2024 have provided clear guidance on credit transfer procedures, pre-registration requirements, and compliance considerations, leading to a rapidly expanding tax credit marketplace. What Does the Future Hold for the Tax Credit Market? The future of the tax credit market continues to be shaped by regulatory developments, economic conditions, and policy shifts. Several key factors are influencing its trajectory: Implementation of IRA Tax Provisions: With the IRS finalizing regulations for direct pay and credit transfers, investors now have clear pathways to efficiently utilize tax credits. Energy storage projects, previously ineligible, now qualify for the ITC, opening new opportunities for financing. Political and Legislative Risks: While the IRA has provided long-term certainty, future budget negotiations,…
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The future of clean energy is diverse, innovative and rapidly evolving. As we move toward a more sustainable future, the transition to renewable energy is no longer limited to just a few technologies. Instead, the focus is on embracing various solutions to reduce emissions and incentivize investment in more climate-friendly technologies. This new era of clean energy innovation is being fueled by groundbreaking technologies and forward-thinking policies – where Sections 48E and 45Y play a crucial role. These technology-neutral tax credits are designed to encourage the development of a broad range of clean energy solutions, from solar and wind to emerging technologies like hydrogen and nuclear power. These credits are helping to unlock new opportunities for developers and innovators, and we’ll explore how 48E and 45Y are reshaping the clean energy landscape. 48E: Clean Energy Investment Tax Credit (ITC) Tech-Neutral: It applies to a variety of energy technologies such as solar, wind, battery energy storage systems, geothermal energy, carbon capture utilization (CCU) and more. Focus on Investment: Offers a percentage of the project’s investment cost as a tax credit. Typically, the credit can be up to 30% of the investment, depending on the type of technology and project. Encourages Energy Storage and Emerging Tech: The credit makes it easier for businesses to invest in emerging, scalable energy solutions that may not yet be fully mainstream. 45Y: Clean Electricity Production Tax Credit (PTC) Tech-Neutral: Broadens the scope of the PTC to include a range of technologies that meet specific criteria such as solar, wind, geothermal, nuclear and hydrogen. Focus on Production: Instead of offering a one-time credit based on the investment, 45Y provides a per-kilowatt-hour (kWh) or per-unit of energy credit for the actual production of clean energy over time. Long-Term Incentive: The credits typically last for several years, providing…
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Foss & Company is comprised of a group of experienced tax credit professionals, representing a depth of knowledge within their respective fields. In this blog series, we highlight different Foss & Company team members to shine a light on the diverse and dedicated people that help make us who we are. Olivia Park joined Foss & Company as Vice President of Investments, focusing on the placement of institutional investor capital into Foss & Company-sponsored state and federal tax credit funds. She brings 18 years of experience in financial services including capital raising, business development and investor relations within alternative asset management firms. Oliva began her career in investment banking, working at Evercore Partners in New York and Michel Dyens & Co in Paris, France, and transitioned to the buy-side working at firms including Hudson Sustainable Investments, RainMakers Private Equity, and Hurley Capital in New York. She holds a B.A. in Economics from New York University. To learn more about Olivia, read our latest Spotlight blog series installment: How did you get started in renewable energy and sustainability tax credit investing industry? Prior to Foss & Company, I worked as an Investor Relations professional at a renewable energy private equity firm for almost 7 years. I saw the positive impact sustainable investments brought to the community and grew very keen on the industry. Educating investors on this asset class was my favorite part of my job, and with the attractive tax credits it made the investments more attractive when pitching to prospective investors. When did you join Foss & Company and what interested you about the company? I joined Foss & Company in September 2024. Prior to that, I spent close to 15 years working in the alternative asset management industry. Given these types of investments were a relatively new asset class to the…
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The Inflation Reduction Act (IRA) has made a significant impact on tax equity opportunities in the clean energy landscape. While solar and wind have historically benefited from tax incentives, the IRA broadens the scope to include technologies like energy storage and other clean energy solutions. This expansion paves the way for accelerated growth across the renewable energy sector, providing both developers and investors with fresh avenues for financial collaboration. Tax equity plays a critical role in funding large-scale, capital-intensive projects by allowing clean energy developers to partner with investors who can utilize tax credits. These partnerships provide the upfront capital necessary to launch ambitious projects, from solar farms to emerging technologies that are essential for decarbonizing the power grid. To learn more about the evolving landscape of tax equity opportunities and discover how the IRA impacts clean energy investments, download our comprehensive white paper. Dive deeper into the specific incentives and insights on leveraging tax equity to drive clean energy innovation by downloading our whitepaper today!
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With the 2024 elections resulting in a Republican sweep of the White House and both chambers of Congress, the renewable energy tax credit landscape faces potential shifts that demand proactive strategies from investors. Building upon our August 2024 analysis, this update highlights the key policy trends shaping the investment environment and offers actionable recommendations for tax equity investors and buyers of transferable tax credits. While uncertainty is a hallmark of post-election transitions, it also presents opportunities. By anticipating policy developments and adapting investment strategies accordingly, stakeholders can secure value in the evolving renewable energy market. Key Post-Election Policy Predictions Accelerated ITC/PTC Phase-Down Republican leaders have signaled a focus on reducing federal spending, which could accelerate the phase-down of the Investment Tax Credit (ITC) and Production Tax Credit (PTC). Current discussions suggest the phase-down may begin as early as 2025 or 2026, creating urgency for developers and tax equity investors to close deals while credits remain fully available. Domestic Content Requirements Strengthening domestic manufacturing is a core Republican objective, likely leading to more stringent domestic content requirements for ITC/PTC eligibility. Projects dependent on imported components may face compliance hurdles, emphasizing the importance of aligning with U.S.-based supply chains. Preservation of Certain Credits Credits that support domestic production, such as the 45X advanced manufacturing credit, are expected to retain bipartisan support. However, new limitations related to foreign entities of concern (FEOC) could restrict their applicability, necessitating careful assessment of qualifying projects. Transferability and Direct Pay While transferable tax credits introduced by the Inflation Reduction Act (IRA) are anticipated to remain, eligibility criteria, particularly for domestic content, may be tightened. This underscores the need for meticulous due diligence in credit transactions. Rollback of Electric Vehicle (EV) Tax Credits The Trump transition team has expressed intentions to eliminate the $7,500 tax credit for…
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Foss & Company is comprised of a group of experienced tax credit professionals, representing a depth of knowledge within their respective fields. In this blog series, we highlight different Foss & Company team members to shine a light on the diverse and dedicated people that help make us who we are. Sophie Brkovic joined Foss & Company as an Associate Vice President of Renewable Energy Project Finance on the Renewable Energy & Sustainable Technologies team. She works to manage all aspects of the transaction lifecycle for renewable energy fund investments. Prior to joining Foss & Company, Sophie served as a Research Analyst for an Energy Infrastructure investment fund where she led financial modeling, equity research and portfolio analysis. She earned her BS in Geological Engineering and MEng in Sustainable Systems Engineering from the University of Wisconsin-Madison. To learn more about Sophie, read our latest Spotlight blog series installment: How did you get started in the tax credit investing industry? I was first introduced to renewable energy tax credits while working as a wholesale energy market consultant and discussing lifetime project economics with developer clients. During my tenure as a research analyst, I discussed clean energy project economics with numerous developers globally and it became clear to me that tax equity was an important and growing portion of the capital stack. Following the passage of the Inflation Reduction Act (IRA), it was rare to complete a conversation about clean energy development in the United States without the mention of tax credits. As I sought out my next position, I knew that I wanted to be involved in the tax credit market and help distribute tax equity to developers in order to aid in the clean energy transition. Thankfully, I found that position at Foss & Company! When did you join Foss…
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Published May 28, 2024 – The Inflation Reduction Act (IRA) has brought significant changes to the landscape of renewable energy, including the introduction of transferable tax credits. Transferable tax credits have become a popular financial tool that allows businesses to reduce tax liabilities by investing in the growing market of renewable energy. As the transferable market continues to grow, it is imperative to stay informed and execute careful planning and due diligence. To prepare for a transferable tax credit transaction, a due diligence checklist needs to be put into place. Establishing a checklist not only provides a list of standard deliverables, but it allows stakeholders to focus on strategy, structure and deal execution. Foss & Company’s Partner & Managing Director, Bryen Alperin, was able to collaborate with Norton Rose Fulbright’s Partner, David Burton, Aon’s Global Co-Ceo of M&A and Transaction Solutions, Gary Blitz, and Winthrop & Weinstine Associate, Amber Peterson to publish a due diligence checklist sample stemming around the transfer of tax credits. This expert team developed a due diligence checklist that will show how the scope can vary depending on the complexity and type of credit transfer. To explore the potential of transferable tax credits, investors and developers need a trusted and innovative partner. Partnering with Foss & Company will offer innovative solutions that empower developers and investors to maximize the value of tax credits while driving positive impact in communities across the nation. Reach out to our team today to learn how our commitment ensures your projects not only succeed financially but leave a lasting legacy. To dive into the transferable tax credit due diligence checklist, download our white paper today!
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By: Bryen Alperin, Partner and Managing Director of Renewable Energy & Sustainable Technologies, Foss & Company | Published May 15, 2024 Leveraging Tax Credit Rollbacks Efficiently For corporations aiming to maximize benefits from renewable energy tax credits, taking advantage of the rollback option for these tax credits can be attractive. Typically, these credits can be rolled back up to three years to offset up to 75% of prior tax liabilities. There are two tax filing options for effectuating the rollback, and each has its advantages and disadvantages. This blog post will lay out the two options and discuss the key differences at a high level. Option 1: Form 1120-X, Amended U.S. Corporation Income Tax Return Purpose: Form 1120-X is used to correct a previously filed Form 1120 or 1120-A or to make certain elections after the prescribed deadline. Time Frame: Generally, a corporation must file Form 1120-X within three years after the date the original return was filed, or within two years from the time the tax was paid, whichever is later. Authority to Examine: The IRS has the authority to examine Form 1120X prior to the issuance of a refund. This may include conducting an audit if necessary. Processing Time: The processing time can be longer for Form 1120-X than for Form 1139 because it is not subject to the expedited 90-day review process that applies to Form 1139. Finality: The refund issued due to an amended return filed using Form 1120-X is not considered tentative, and the IRS’s acceptance of the amended return generally closes the matter unless later found to be erroneous. Option 2: Form 1139, Corporation Application for Tentative Refund Purpose: Form 1139 is used to apply for a quick refund of taxes due to certain carrybacks, such as net operating losses (NOLs) and tax credits,…
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Foss & Company is comprised of a group of experienced tax credit professionals, representing a depth of knowledge within their respective fields. In this blog series, we highlight different Foss & Company team members to shine a light on the diverse and dedicated people that help make us who we are. As the Vice President of Renewable Energy Portfolio Management, Andrew is in charge of all aspects of investment performance, working with sponsors on project compliance and tax credit investors on fund management. Prior to joining Foss & Company, he created a solar investment vehicle and managed its day-to-day operations. For 12 years prior to that he worked with top-tier solar or renewable energy companies, either financing assets or developing premier asset and portfolio management talent and processes globally. He has overseen some of the largest solar and wind farms in North America, as well as solar sites in Chile, Italy, Spain, England, and Canada. His education credentials include an MBA from ESADE in Barcelona, and a BA from UC Santa Barbara. To learn more about Andrew, read our latest Spotlight blog series installment: How did you get started in the tax credit investing industry? In 2006, while working on Wall Street doing CleanTech sell side equity research, I came across an opportunity to develop a financing platform for a residential solar company in San Luis Obispo (SLO), CA. I packed up my Prius and drove from Manhattan to SLO, excited for the new opportunity to help a growing company focused on solar. We had some success developing and implementing home equity loans for solar and the team sold the first SunRun PPA deal, which was effectively a tax equity investment. From there I joined a structured finance desk with a solar developer raising tax equity in 2008. I haven’t…
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By: Dawn Lima, Vice President of Renewable Energy & Sustainable Technology, Foss & Company I recently attended the Carbon Capture, Utilization and Sequestration (CCUS) Summit in League City, TX, and the Carbon Capture Coalition’s Annual Meeting in Denver, CO. These events were very successful as well as insightful and I left feeling energized and motivated. It’s always enjoyable to be surrounded by like-minded professionals while making many new connections. I wanted to share some key takeaways from both events. Capture the CO2: CCUS Summit I was very impressed with the active participation from stakeholders across the CCUS industry. There is incredible excitement around CCUS right now, fueled in part by the passing of the Inflation Reduction Act (IRA) in 2022, but mainly due to a motivation to decarbonize our energy sector and achieve climate goals. During the CCUS Summit, we had participants join all the way from Canada, Asia, Europe and South America. The US’ carrot versus stick approach to incentivizing investments through tax credits has certainly captured the attention of other nations and companies. This is evident as we have seen an increase in investment in US-based projects to capitalize on the US tax credit incentives. What was clear during this event is that innovation and collaboration is critical to reaching our climate and net-zero goals. What Are My Thoughts? As we sat down with industry leaders, during our discussions there were some interesting questions that had come up, include: Is the CCUS industry innovating equally in both important areas? Does the 45Q tax credit incentivize both sequestration and utilization equally? Are we – as a CCUS industry – working on CCU projects as well as CCS projects? The short answer? No. In its current form, the 45Q tax credit does not incentivize CCU equally compared to enhanced oil…
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By: Bryen Alperin, Partner and Managing Director of Renewable Energy & Sustainable Technologies, Foss & Company The U.S. Treasury Department and IRS have recently announced the release of proposed regulations (REG-132569-23) for publication in the Federal Register. These regulations are set to amend the existing rules under section 48, incorporating modifications from the Inflation Reduction Act of 2022 (IRA), previous legislative changes, and various administrative guidelines. The Notice of Proposed Rulemaking (NPRM) extends over 127 pages and aims to provide both clarifications and updates concerning the energy tax credit. Initial Foss Takeaways: Key Points for Investors Uncertainty for Biogas Equipment: In a surprising outcome, the proposed rules indicate that “gas upgrading equipment necessary to concentrate the gas into the appropriate mixture for injection into a pipeline through removal of other gases such as carbon dioxide, nitrogen, or oxygen is not included in qualified biogas property”. However, it emphasizes the eligibility of costs associated with essential components of biogas projects, such as equipment for cleaning and conditioning the gas. This has caused confusion and uncertainty in the RNG industry, as many projects feature equipment that both cleans and concentrates the gas. The implication of the proposed rules is that investors will need to do a detailed review of the process flow diagrams and determine which costs are associated with equipment which cleans or conditions gas versus equipment that concentrates gas. Depending on the determination, large portions of existing RNG projects may not qualify for the ITCs they thought they would. The industry will be lobbying to have this definition changed, or further clarified. New “Placed in Service” Criteria: The NPRM proposes a new definition of “placed in service” for Section 48, replacing long-relied-on Section 46 regulations. The definition is as expected and states that projects generating tax credits are considered…
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Did you know the key to a sustainable future lies within Renewable Energy Credits (RECs), corporate savings and tax equity investments? The dynamic synergy between these three showcase how corporations can strategically leverage tax equity to not only address their tax liabilities but also advance their commitment to sustainability. What are Renewable Energy Credits? With the federal government taking strong action on climate change, corporations are analyzing their carbon footprint and realizing that investing in Renewable Energy Credit (RECs) agreements and tax equity transactions can lead to being more environmentally responsible while helping improve their bottom line. Now, not all renewable energy sources come strictly from energy systems like solar panels or wind turbines. RECs are created as long as one megawatt-hour (MWh) of electricity is generated from a renewable energy source and delivered to an electric grid. Once it’s generated, corporate customers are able to purchase RECs, therefore allowing the use of renewable energy without installing renewable energy systems. How do Tax Equity Investments Tie In? Tax equity investments help fund viable renewable energy projects by enticing investors with a combination of tax savings and cash returns. As for developers, it provides a way to get new projects off the ground. Tax credits are government subsidies for projects like renewable energy, but many developers lack the tax liability to fully use them. That’s where tax credit investments come in. Companies with large tax liabilities can invest and receive tax credits, depreciation benefits and cash flows. RECs bolster the renewable energy market and are a cost-effective, environmentally friendly and decentralized method of carbon reduction. What Role Do RECs Play in the Tax Equity Market? RECs and REC markets play a key role in driving new renewable energy deployment and projects by guaranteeing an income stream for new…
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Repost of the original article in the Novogradac Journal of Tax Credits, which can be found here. As the renewable energy market continues to grow, the popularity of transferable tax credits as a way to fund projects and reduce corporate tax liabilities is on the rise. Following the passage of the Inflation Reduction Act, provisions enabling the transfer of tax credits have become hot topics for both developers and investors. In this article, we’ll discuss several common misconceptions regarding transferable tax credit transactions. Transferable Tax Credits Overview Transferable tax credits are a valuable financial instrument that allows businesses to reduce their tax liabilities by investing in projects that generate economic, social or environmental benefits. These tax credits can be sold or transferred between taxpayers, enabling companies with little or no tax liability to monetize the credits and create a new revenue stream. As attractive as this financial tool may seem, it’s essential to understand the associated risks. Myth #1: Transferable Tax Credit Buyers Have No Risk When speaking to project developers or prospective investors, we often hear transferable tax credits compared to state certificated tax credits which have almost no risk associated with them. Unfortunately, there are some risks associated with transferable tax credit transactions and it is important for investors to understand those risks. The risks associated vary across the different types of tax credits eligible for transferability. For example, clean energy investment tax credits (ITCs) are subject to recapture risk for five years following the project being placed in service. Carbon sequestration tax credits are subject to a three-year recapture period and the triggering events for recapture are quite different. Clean energy production tax credits (PTCs) are not subject to recapture, but do face volume risks which could lead to under delivery of tax credits in some years.…
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As the world increasingly recognizes the urgent need to transition to clean and renewable energy sources, governments around the globe are implementing various incentives to boost investment in the renewable energy sector. In the United States, two prominent incentives are the Production Tax Credit (PTC) and the Investment Tax Credit (ITC). Under the Inflation Reduction Act (IRA), these tax credits have been enhanced to further encourage the development and utilization of renewable energy projects. By gaining an understanding of how the IRA has enhanced its influence on renewable energy investment, investors can make more informed decisions when it comes to allocating their resources. Production Tax Credit The PTC has long been a crucial policy tool in promoting renewable energy in the United States. It provides a tax credit to project owners based on the electricity production from qualified renewable energy facilities. Historically, the PTC has primarily supported wind energy projects, but through the IRA, its scope has expanded to include other renewable sources such as biomass, geothermal, hydropower, and marine energy. Investment Tax Credit The ITC is another critical component of the U.S. government’s renewable energy policy framework. Unlike the PTC, which focuses on electricity generation, the ITC provides tax credits based on the capital investment in qualifying renewable energy projects. It applies to a wide range of technologies, including solar, wind, geothermal, fuel cells, and combined heat and power systems. Comparing the PTC and ITC under the IRA Under the IRA, the PTC and ITC are invaluable tools for accelerating renewable energy investment in the United States. With enhanced eligibility periods, increased credit rates, and broader technology coverage, the PTC incentivizes renewable energy production, particularly in the wind sector. The extended ITC eligibility and inclusion of energy storage systems under the IRA fosters the integration of renewable energy sources…
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By Bryen Alperin, Managing Director The Inflation Reduction Act (IRA) brought significant changes to the landscape of renewable energy tax credits by introducing the option of transferability. This provision allows taxpayers to transfer their renewable energy tax credits to non-related parties, creating a new avenue for accessing the benefits of clean energy investments. The IRA’s transferability provision has the potential to enhance liquidity in the renewable energy sector, attract more private capital, and accelerate the transition to a sustainable future. The IRS has now issued highly anticipated proposed regulations for the transfer of certain Federal income tax credits under Section 6418. These regulations provide much needed guidance to taxpayers who intend to make an election to transfer eligible credits as well as transferee taxpayers as to the treatment of transferred eligible credits. Clearer Guidelines for Tax Credit Transfer These proposed regulations would allow eligible taxpayers to transfer any specified portion of an eligible credit determined with respect to any eligible credit property to a transferee taxpayer in accordance with Section 6418 of the Code and §§1.6418-1 through 1.6418-5. The regulations also provide definitions for terms used throughout the section 6418 regulations, including that of an eligible taxpayer. Along with needed definitions, the time and manner to make a transfer election, and information about the pre-filing registration process, among other items have also been outlined in the proposed regulations. The Treasury Department and the IRS intend and expect that providing taxpayers with guidance that allows them to effectively use section 6418 to transfer eligible credits will beneficially impact various industries, deliver benefits across the economy, and reduce economy-wide greenhouse gas emissions. Based on the proposed regulations, eligible taxpayers are also required to provide certain required minimum documentation to the transferee taxpayer, and the transferee taxpayer is required to retain…
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Battery energy storage systems (BESS) have received significant advancement in the United States due to the implementation of the Inflation Reduction Act (IRA), opening new opportunities for their development. This groundbreaking legislation introduces unprecedented economic benefits for standalone storage systems by making them eligible for a 30% investment tax credit (ITC), with the potential to increase to 70% through additional incentives. Historically, federal tax credits were only available for storage systems that were paired with renewable energy generation, such as solar power. However, the IRA has extended the eligibility of tax credits to standalone storage systems, which is anticipated to unleash a remarkable surge in storage investments. This landmark development holds immense potential, opening new avenues for investment and accelerating the transition towards a sustainable and reliable energy grid. Enhanced Investment Opportunities The IRA provides the investing environment with much needed certainty by extending the duration of ITCs. The increases and expansions of ITCs given through the IRA are now guaranteed through 2032 rather than being subject to temporary renewals. This more extensive timetable gives investors and developers the chance to strategically plan and maximize their returns. Additionally, the definition of project costs eligible for the tax credit has been expanded to include interconnection, microgrid controllers, and a broader range of components commonly used in clean energy systems. This can increase tax credit eligibility and accelerate project development. Leveraging Incentives Energy storage projects must adhere to labor standards in order to fully benefit from the tax incentives provided under the IRA. These criteria make sure that registered apprenticeship standards are followed and that prevailing salaries are paid. If a project satisfies these requirements, it may be further enhanced by three additional incentives: domestic content, energy communities, and low-medium income (LMI) initiatives. The domestic content incentive incentivizes the utilization of…
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This blog is the third and final in a January 2023 series that will explore the opportunities in the transferability of renewable tax credits for investing in renewable energy and reducing tax liability. Consider reading the first and second blogs on this topic. The Inflation Reduction Act, signed into law on August 16, 2022, has created new opportunities to invest in a sustainable future. There are many options, but one of the more promising is new transfer provisions which allow for the transfer of renewable energy tax credits between taxpayers. With these new transfer provisions, a taxpayer can purchase a tax credit generated from an eligible project, for example, at $0.90 per $1 of tax credit and then apply the credit to reduce required tax payments to the Internal Revenue Service (IRS) by the full $1. In this blog, we’ll cover some of the considerations both investors and developers should keep in mind as they explore participating in the transferred tax credit market. The specific considerations we will explore are those associated with tax credit “step ups” on transferred ITCs, monetizing depreciation on transferred tax credit deals, recapture and eligible basis risk for transferred tax credits. Eligible basis risk and tax credit “step ups” Investment tax credits – whether a transferable or a traditional tax credit investment – are 30% (or more, if adders apply) of the eligible (cost) basis of the development of renewable energy development. What is allowed to be included in the eligible basis of a renewable energy development (e.g., solar system, battery storage facility, etc.) is subject to the rules of the IRS. In traditional tax equity transactions, it’s common for the project assets to be contributed into a holding company at a fair market value, thus establishing an eligible basis that is higher than the hard costs of the project. This fair market value is typically…
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By Bryen Alperin, Managing Director This blog is the second in a series that will explore the opportunities in the transferability of renewable tax credits for investing in renewable energy and reducing tax liability. The Inflation Reduction Act, signed into law on August 16, 2022, has created new opportunities to invest in a sustainable future. There are many options, but one of the more promising is new transfer provisions which allow for the transfer of renewable energy tax credits between taxpayers. With these new transfer provisions, a taxpayer can purchase a tax credit generated from an eligible project, for example, at $0.90 per $1 of tax credit and then apply the credit to reduce required tax payments to the IRS by the full $1. We know enough about transferability to be certain that this added feature in the Internal Revenue Code will allow for a meaningful new avenue to access tax credits from renewable energy projects, and we expect these changes to expand the population of taxpayers that participate in the renewable tax credit market. The industry anxiously awaits guidance from the IRS on the intricacies of transferability, and when that guidance will be delivered is still uncertain. However, we do have solid visibility into what participants can expect, including that: Taxpayers can elect to transfer all or a portion of their tax credits to a non-related transferee. Payment for credits must be in cash. The tax credit amount will not be included in taxable income, nor deductible. There are no caps or phase outs (unlike direct pay). Election must be made no later than the due date (including extensions) for the respective tax return, and is irrevocable. Transferees cannot re-transfer the credits. If the tax credit is generated by a partnership, the partnership needs to make the election. Transferability…
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Due to the risks posed by unsustainable practices, Environmental, Social, and Governance (ESG) analysis has gained increasing importance in the corporate world. This approach considers key stakeholders outside of shareholders during investment analysis, which helps investors protect against risks, capitalize on green opportunities, and attract ESG-conscious investors. By doing so, ESG analysis promotes stakeholder capitalism. In recent years, ESG-aligned investments have accelerated and outperformed the market. Environmental and social factors are among the top risks identified by the World Economic Forum, and double materiality makes ESG-aligned corporations best positioned for a low-carbon future. Governments can incentivize private investment in green industries through taxes and tax credits, which are an increasingly popular option as part of ESG strategies. Tax credit investments provide a market and revenue stream for renewable energy producing organizations, enabling them to align themselves with a sustainable, low-carbon economy and reduce their transition and liability risks and cost of capital while enhancing their ESG-credentials. Currently, ESG measurement and reporting space lacks a universal framework and consistency in terminology, data, and practices. The Taskforce on Climate-related Financial Disclosures (TCFD) framework and the EU Action Plan on Sustainable Finance aim to provide clarity and guidance on ESG and its incorporation into investment decisions, while the US Securities and Exchange Commission’s proposed disclosure rule will mandate public companies to report on their ESG impacts and seek assurance on that data from a third party. Companies that report and progress on ESG impacts and progress towards ESG goals are viewed as remaining competitive, while financial markets predict long-term benefits for returns. ESG-related disclosures are important as they provide stakeholders with the necessary data to analyze the material impacts of an organization. This enables companies to make smarter tax credit investment decisions and report the investments afterwards, meeting stakeholder expectations and enhancing their…
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Foss & Company 2022 project, Radical Hotel Many companies have long overlooked tax equity investing as part of their tax strategy for different reasons. But this past year has presented new, unique opportunities in the tax equity market for both developers and investors. The Inflation Reduction Act (IRA) has provided more incentives than ever in US history for tax credit investments and facing the current challenge of inflation and increasing interest rates, tax equity may be essential to push projects forward. 2022 proved to be a big year for Foss & Company as well. In June, Foss announced that in addition to the over $8 billion in tax equity the company has deployed since its inception, we have over $1 billion in tax credits currently under management. Among other milestones, the Foss & Company team has continued to grow. We welcomed 14 new team members who have helped grow our capital markets, renewable energy, marketing and real estate teams. We are also pleased to share that in August of 2022, Foss & Company featured North Carolina project, Capitola Mill, won the Gertrude S. Carraway Award for demonstrating a commitment to extraordinary leadership, research, philanthropy, promotion, and/ or significance in preservation. We could not be more thrilled with our successes in 2022, and we could not have done it without our dedicated team, developer partners and investor clients. Vision 2045: A Look Towards the Future In 2022, Foss & Company had the unique opportunity to be featured in the Vision 2045 campaign. This campaign supported the United Nations and its objectives for the institution’s 100- year anniversary in 2045 and aimed to inspire businesses and people to take collective action to ensure a better future for all. As part of this multi-faceted campaign, Foss & Company produced a short, documentary-style video that highlighted…
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Generally Accepted Accounting Principles (GAAP) are a set of guidelines and rules that companies use to prepare their financial statements. These principles are established by the Financial Accounting Standards Board (FASB) and provide a consistent framework for companies to report their financial information to investors, analysts, and regulators. Renewable Energy Tax Credits (RETCs) require specific accounting principles to which companies must adhere to accurately reflect the economic benefits of these credits in their financial statements. One of the key principles is the deferral method, which allows companies to recognize the tax credits over a period of time rather than all at once. The deferral method is used to reflect the economic benefits of the tax credits in a more accurate and realistic manner. When tax credits are recognized all at once, it can lead to overstating the value of the credits and can result in a mismatch between the tax benefits and the associated costs. By spreading the recognition of the tax credits over a period of time, companies can align the tax benefits with the associated costs, providing a more accurate representation of the economic benefits of the credits. To use the deferral method, companies must determine the period over which the tax credits will be recognized. This is typically the same period as the project’s useful life, which is the period over which the project is expected to generate economic benefits. Companies must also determine the amount of tax credits that will be recognized in each period. This is typically done by using an estimate of the expected tax credits for the period and adjusting it as necessary based on actual results. In addition to the deferral method, companies must also follow other GAAP principles when accounting for RETCs. These include properly classifying the credits as either a…
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Foss & Company is comprised of a group of experienced professionals, representing the best in class within their respective fields. In this blog series, we highlight different Foss & Company team members to shine a light on the diverse and dedicated people that help make us who we are. Drew Goldman, Vice President of Investments for Foss & Company, spent 18 years in financial services and held roles including equity syndication, strategic M&A, global investment banking, corporate lending, and commercial real estate before joining Foss & Company in 2019. Drew has an MBA from Emory University’s Goizueta Business School and earned his BBA from The University of Texas at Austin. Get to know Drew in the latest Spotlight Series blog: How did you get started in the tax credit investing industry? After working in the corporate finance and investment banking industries, I moved “back home” to Atlanta in 2005 and found myself in charge of business development for an apartment management company; a large portion of the third-party units were in the Low-Income Housing sector, so I learned a lot about tax credits by absorption. With 2008 – and the “Great Recession” an opportunity to raise capital for a large LIHTC syndicator presented itself. I then transitioned into tax equity. Since then, I have migrated from Housing into Renewable Energy and Historic Preservation. When did you join Foss & Company and what interested you about the company? I joined Foss in January 2019 with a growing interest in financing Renewable Energy and other Sustainability-focused initiatives. Foss has a highly entrepreneurial culture, and a flexible approach to our evolving marketplace. What do you find important or interesting about tax credits? I have been in financial services since the 1990s – tax credit equity is well-proven for mobilizing private sector capital into…
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Carbon Capture, Utilization and Sequestration (CCUS) is the process of capturing carbon oxide (can be either carbon monoxide or carbon dioxide, but most commonly we speak of carbon dioxide or CO2) from emission sources for the purpose of preventing it from reaching the atmosphere, which would amplify greenhouse heating. Typically, the CO2 is permanently stored deep underground, but it can also be utilized in other ways, so long as the CO2 never reaches the atmosphere. CCUS and the related 45Q tax credit provides a unique opportunity for tax equity investors to invest in an Environmental, Societal, and Governance (ESG) friendly tax credit. The process of CCUS typically involves the following steps: Locate a predictable and constant source of carbon dioxide emissions: Most combustion processes create CO2, a few examples are coal/natural gas plants, power plants, and ethanol production. Capture the CO2: The process involved in capturing the CO2 depends on the concentration or purity levels of the source emissions. High purity emissions of CO2 (>95% by volume), such as the CO2 emitted from the biorefining of ethanol requires minimal, off-the-shelf-technology to separate out the CO2. Low purity emissions (<95% by volume), such as the CO2 emitted from a coal power plant require advanced technology and various chemical processes to separate out the CO2. Find storage site: A suitable storage site is required to permanently sequester the CO2. Currently, the most suitable sites may be a saline aquifer or in a depleted oil reservoir as is the case in enhanced oil recovery (EOR). Other means of permanent storage are being pursued, for example permanent sequestration in concrete during the manufacturing process. Transfer the CO2 to the sequestration site: In some instances, producers (emitters) of CO2 may be conveniently located on or near a suitable storage site. In all other instances, pipelines are used to transport the CO2 from the emitters to the…
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