Overview
Whether you are an investor or sponsor exploring an energy-related investment, our market-leading energy tax team can draw on vast experience to advise you on tax strategies that add significant value to your transaction. Our sophisticated understanding of the legal landscape, particularly in wind, solar and storage projects, can help you navigate the process to achieve success.
As tax lawyers who focus exclusively on energy, we understand that tax planning should support your deal, not impede it. We facilitate energy transactions by efficiently responding to your individual needs, and commercial and business clients turn to us because we look for solutions rather than problems.
From development pipeline through commercial operation and beyond, we are well-equipped to advise you on all aspects of energy transactions. Our experience spans the spectrum of renewable energy technologies, as well as other energy sources like coal fired, gas fired, LNG and nuclear, and a large part of our practice is comprised of tax equity and other financing structures—where tax credits are allocated from developers to investors—representing investors, developers and lenders. We also regularly advise on acquisitions, dispositions, restructurings, financings and planning at every stage of energy investments.
With clients including many utility companies, whom we advise on any and all energy tax issues, we have a deep understanding of energy tax matters unique to utilities and have been industry leaders on novel investment structures by utilities in renewable energy projects.
You also benefit from our solid relationships with key energy contacts at the IRS. We can advocate on your behalf for rulings, regulations and other tax guidance to actualize your projects.
As your forward-thinking partners, we make it our priority to help you anticipate changes, remove roadblocks, present actionable solutions and add value at every stage of your energy project.
Our tax team’s extensive experience on energy matters includes:
- Structuring tax equity investments, including partnership flips, funds, inverted leases and sale leasebacks
- Qualifying for energy tax incentives, like the PTC, ITC and Section 45Q carbon capture credit
- Eligibility under “begin construction” tests, including the 5% safe harbor, physical work test and continuous efforts requirements
- Tax credits for renewable technologies including wind, solar, storage, carbon capture, refined coal, biomass, hydrogen, fuel cell, offshore wind and waste coal
- Commercial and industrial, residential, community and utility scale projects
- Fair market valuations, cost segregations and appraisals
- Power purchase agreements, hedges, contracts for differences, swaps and similar agreements
- Monetizing renewable energy tax credits for individuals, closely held corporations and foreign investors
- Application of IRC Section 136
- Contributions in aid of construction
- State and local energy tax matters, including incentives, exemptions, PILOT agreements and abatements
- Section 1603 cash grants
- Structuring energy investments with US Department of Energy (DOE) Loan Guarantees
In addition to all of our specific knowledge and experience in the energy space, we are part of one of the oldest and best tax practices in the country, which allows us to tap world-class practitioners to advise on any tax matter imaginable, including partnership, corporate and consolidated, individual, international and tax-exempts.
