Under current law, there are significant tax benefits for renewable energy projects in the United States.  These benefits include nonrefundable ITC and PTC tax credits and depreciation deductions.  From the perspective of a renewable energy developer, however, such tax benefits may be difficult to use effectively.  Currently, ITC and PTC tax credits are nonrefundable, meaning that developers with tax liability lower such credit will face difficulties effectively utilizing such excess credit.  Developers face a similar problem with depreciation deductions, as these will only operate to reduce taxable income.  If a developer does not have enough taxable income to utilize these depreciation deductions, it will be difficult to effectively utilize such excess.
Continue Reading Direct Pay Proposals in the Build Back Better Act and Observations from Industry Insiders

On November 3 the U.S. House of Representatives released  the “Tax Cuts and Jobs Act” (the Act) which contains provisions that will significantly affect production tax credits (PTC) for wind projects.  Based on a review of Section 3501 of the initial draft and conversations with legislative staffers, we expect the potential financial impact to negatively affect planned expansions in wind capacity in the United States.
Continue Reading Proposed Cuts to Production Tax Credits Would Negatively Impact Wind Development