Sullivan & Cromwell LLP

05/25/2023 | Press release | Distributed by Public on 05/25/2023 14:35

U.S. Clean Energy Tax Credits: Where We Are and Where We Are Going

May 25, 2023

In this episode of S&C's Critical Insights, Inosi Nyatta, Isaac Wheeler and Sam Saunders discuss the unanswered questions about requirements and qualifications for receiving tax credits for clean energy projects under the Inflation Reduction Act (IRA).

The IRA, which was passed in August 2022, is the largest investment in clean energy in U.S. history and is expected to unleash a new wave of energy transition projects across the United States. It introduced new or enhanced credits for renewable energy, clean electricity investment and production, energy storage, clean hydrogen, electric vehicles, clean technology manufacturing, sustainable fuels and carbon capture.

While the IRA has opened up numerous opportunities for energy transition projects, there are still a number of uncertainties, including final rules on direct pay and transferability, the potential impact of the OECD's Pillar Two rules and how debt ceiling discussions may impact availability of IRA tax credits.

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